712 
.C7N5 





,-lT-'-,-Vr;;-?i:^.i.^-::^:^^^n^p.^ 










'<^^o;-o^ .^"^ 















-"/ 



li E F o m T 

OF THE 
COMMISSIONERS TO INDIA P* STREAM. 



Nov. IRSfi. 



P4a 



'fna 



•g ^0 '(^ 



' oi 



RESOLVED by the Senate and House of Representa- 
tives in General Court convened, That the State of New 
' Hampshire should continue tlie possession of the Indian 
I Stream Territory and maintain the jurisdiction of this State 
over the same, until the question of boundaries now in dispute 
\ between the United States and Great Britain affecting the lirn- 
9 its of said Territory shall be finally settled, and His Excellen- 
' cy the Governor be requested to render all necessary aid to 
the executive officers of the county of Coos in causing the 
laws of said State to be duly executed within the limits of said 
Territory. 

Resolved, That the Executive be authorized to appoint 
Commissioners to repair to Indian Stream and collect and 
arrange such testimony as may be obtained to rebut and ex- 
plain the charges and testimony obtained and preferred against 
the authorities and citizens of this State by Lord Gosford, 
Governor of the Province of Lower Canada. 

Resolved, That the Commissioners so appointed be au- 
thorized and directed to arrange and publish for the use of 
liie Legislature, one thousand copies of such portions of the 
documents and correspondence relating to our Indian Stream 
difficulties as they may think proper. 

Approved, Jane ]8, 1836. 



REPORT. 



To His Excellency the Governor of the State of New- 
Hampshire. 

The undersigned, Comnfiissioners. appointed under a reso- 
lution of the Legislature of New-Hampshire, approved June 
18, 1836, " to "^repair to Indian Stream and collect and ar- 
range such testimony as may be obtained to rebut and ex- 
plain the charges and testimony obtained and preferred against 
the authorities and citizens of this State by Lord Gosford, 
Governor of the Province of Lower Canada," have attended 
to that duty, and now make the following report: 

The charges made by Lord Gosford are the three follow- 
ing, viz. 

1 . " The first and most serious is the irruption within the 
limits of this Province (Lower Canada) of armed citizens of 
the United States, under the command of, or countenanced 
by an officer holding a commission in their militia, for the a- 
vowed purpose of attacking and forcibly carrying out of the 
Province, several of H. M's subjects." 

2. *'The continued attempts of the State of New-Hamp- 
shire, notwithstanding the repeated remonstrances of H. M's 
Gov't, to exercise jurisdiction and to enforce its laws within a 
territory, which, until it shall be formally adjudged to be part 
of the U. S. under the treaty of 1783, must be considered as 
still undetached from the original possession of Great Britain, 
and its inhabitants consequently within the protection of her 
Government." 



6 

3. "The military occupation, by the State of New-Hamp- 
shire, of the territory in question." 

The Commissioners, in order to present to your Excellen-^ 
cy and to the Honorable Legislature of the State a plain and 
intelligible account of the controversy relating to the Indian 
Stream territory, have given to the subject a more extended 
examination than was necessary simply to rebut and explain 
the charges of Lord Gosford. The following statement of 
facts, it is believed, will clearly and unequivocally justify the 
State of New-Hampshire in maintaining jurisdiction over this 
territory, and show that all the acts of violence there commit- 
ted, are to be entirely attributed to the attempt of certain in- 
dividuals in Lower Canada to extend the authority of that 
Province over the territory in question, since the pretended 
award of the King of the Netherlands, the State of New- 
Hampshire having exercised quiet, peaceable, and exclusive 
jurisdiction over the same from the peace of 1783 to a period 
subsequent to said pretended award. In the year 17S9, a 
committee was appointed by the Legislature of this State for 
the purpose of ascertaining the boundary lines between the 
State of Maine, then Massachusetts, the Province of Lower 
Canada, and this State. Tliis committee attended to the du- 
ties assigned them, and established and marked by suitable 
monuments, many of which are now remaining, a boundary 
line of the State, including all the territory now in dispute, and 
making the head of HalFs river our northwestern boundary mon- 
ument. That the committee were right in their construction 
of that part of the treaty of 1783, relative to this subjeet, is 
manifest from the following reasons: 

1. This is the only head of Connecticut river that inter- 
sects with the highlands dividing the waters which fall into the 
Atlantic from those which fall into the St. Lavvrence. 

2. This is manifestly and notoriously, by far, the most north- 
westermost head of Connecticut river, that claimed by the 
British Government being manifestly the most NORTH- 
EASTERN head of Connecticut River. 

3. The Magalloway River, a branch of the Androscoggin, 
takes its rise many miles North and West, not only of that 
br^nph of the Connecticut claimed by the British as the North- 



wcstermost head, but also Nortli and West of Indian Stream, 
so that pursuing the highlands indicated by the treaty, one 
would never arrive at the head waters claimed by the British 
Government as those indicated by the treaty, but would have 
to leave the highlands and cross the Magalloway river to at- 
tain the object. 

The above fact of the true source of the Magalloway river, 
it is believed, is not noticed in any geography nor laid down 
upon any map of the country. This may be easily accounted 
for on account of its remote situation and unsettled state. It 
is nevertheless an important fact, and one which goes far not 
only to show that the British claim to jurisdiction over this dis- 
puted territory is unfounded, but that by the words of the 
treaty, New-Hampshire is entitled to a much larger territory 
there, than we have ever yet claimed. Many of the first set- 
tlements of this territory were by persons who fled there from 
the neighboring States to avoid the payment of their debts, or 
the criminal process to which their crimes had rendered them 
amenable. As the population increased, the character of the 
inhabitants improved ; and although at times some of them 
claimed to belong to Vermont, and at other times to Maine, 
and at other times to be within the jurisdiction of the United 
States, but not of any particular State, and at other times to be 
independent either of the U. S. Government or the Govern- 
ment of Great Britain, yet the officers of the State of New- 
Hampshire, from time to time, as occasion required, executed 
divers processes issuing from the Courts of this State, upon the 
inhabitants there, and although sometimes they met with such 
resistance as was to be expected from the character of the in- 
habitants, yet no coniplaint was ever made on account thereof 
by the officers of the Province of Canada, or of any foreign 
Government whatever. Indeed the oldest inhabitants in the 
territory or the towns adjacent have no recollection of ever 
having heard of any act of any other Government ever exer- 
cised within the territory, save by the State of New-Hamp- 
shire. The inhabitants have uniformly resorted to New-Hamp- 
shire for die purpose of being united in marriage whenever 
there was such a ceremony to be performed among them, and 
in divers other ways, such as taking advantage of our bounty 



laws for the destruction of certain wild animals, manifested 
under whose protection they lived, and to what government 
they supposed they owed allegiance. Affairs were in this quiet 
posture at this place at the time of the pretended award of the 
King of the Netherlands : and at a period subsequent to that, 
one of those restless individuals,the bane of every well-ordered 
society, who are never easy unless busied about the affairs of 
their neighbors, claiming to be a magistrate of Lower Canada, 
and to be acting by the direction of the Governor of that 
Province, began to claim the territory as belonging to the Pro- 
vince of Lower Canada. This claim was now asserted in va- 
rious ways, such as sending pretended warrants in the name 
of the King of Great Britain, into the territory. He also sent 
a letter directed to various individuals there, requesting them 
to assemble at the school house in one place on Saturday, and 
another on Sunday, and when they were thus assembled he 
met them and exhorted them to open resistance to the laws 
of the State, and assured them of the protection of the Gov- 
ernment of Lower Canada in so doing. 

It is the opinion of the better disposed part of the commu- 
nity there, that all the difficulties which have occurred at that 
settlement within the three or four years last past, are to be 
attributed to the mischievous interference of the individual al- 
luded to, and from all the investigation which we were able 
to make, we were unanimously of the same opinion. 

If it be the fact that Hall's Stream be the Northwestermost 
head of Connecticut river, and if the State of New-Hamp- 
shire have exercised jurisdiction over this disputed territory 
from the peace of 1783 to the present time, and these two 
points are incontestibly proved by testimony taken by the 
Commissioners, and accompanying this report, then the 2d 
and 3d cause of complaint, as set forth by Lord Gosford, en- 
tirely fail, for the military occupation, spoken of by him, and 
the Attempted jurisdiction of the State of New-Hampshire, 
are justified by every principle of the law of nations, as well 
as by that protection which every Government owes to its 
citizens. 

We now proceed to state all the facts relating to the first 
charge of his Lordship, and we have thus inverted their or- 



der because it seemed to us the most natural course, for if 
we had no title to the soil, then our jurisdiction was usurped 
and wrongful, our military occupation unjustifiable, and our 
whole defence untenable. In October, 1835, William M. 
Smith, a deputy sheriff of Coos county, had a writ put into 
his hands for service against one John H. Tyler, an inhabit- 
ant of the disputed territory. Smith, not knowing Tyler, and 
also apprehending some resistance, procured one Richard I. 
Blanchard and John Milton Harvey to assist him, and then 
proceeded to Tyler's house for the purpose of making service 
of the writ. Not having found said Tyler at his house, they 
w^ent in pursuit of him agreeably to the directions which they 
had received, and soon met said Tyler. Smith then request- 
ed said Tyler to show him property, that it might be attached 
on the writ, which he refusing to do, he was arrested by said 
Smith, who was proceeding with said Tyler in custody, when 
he was forcibly rescued from said Smith's possession by sev- 
eral of the inhabitants. 

Upon this, the individual before referred to as the occasion 
of all the difficulties at this place, issued a warrant in the name 
of the King of Great Britain, against said Smith, Blanchard and 
Harvey, for attempting to execute process there, not issued by 
authority of the King of Great Britain, and sent it into the settle- 
ment for the purpose of having it served upon the individuals 
against whom it had issued. This was done with a full 
knowledge of the fact that this state had, by a resolution of 
the Legislature, determined to maintain its jurisdiction over 
the territory until the boundary line sliould be definitely and 
satisfactorily settled. 

By virtue of this pretended warrant, on the 22d day of Oc- 
tober, A. D. 1S35, said Blanchard was taken from his own 
dwelling house, by an armed body of men, with the express 
and avowed purpose of carrying him into Canada for trial, on 
the absurd charge of having assisted in serving a writ duly is- 
sued by the competent authority of the county of Coos. 

The news of this outrage was immediately spread through 
the adjacent towns, and excited very great indignation against 
its perpetrators. The inhabitants very generally, upon being 
nonfied of the fact, expressed a determination not to suffcv 



10 

their fellow citizen thus to be taken from his home and car- 
ried out of the state, without an attempt at least on their part 
to rescue him. In pursuance of this determination several citi- 
zens of the neighborhood went over the line dividing this state 
from the Province of Lower Canada, for the purpose of inter- 
cepting those who had said Bianchard in custody, and effect- 
ing his release. This was effected without any violence, and 
so far from being done under the direction of any military 
officer, it was an entirely spontaneous assemblage of citizens 
aroused by what they deemed a gross outrage upon the rights 
of one of their fell'dw citizens, subject to the direction of no 
military or civil officer of the state. How far this proceeding 
is to be palliated or justified, the wisdom of the Legislature 
may best determine. The facts are here stated. After said 
Bianchard had been thus rescued, the individuals who had 
turned out for that purpose, assembled at the store of Parme- 
lee &L Joy, in Canaan, Vermont. Among the number was 
William M. Smith, the deputy sheriff before spoken of, who 
had previously arrested one John H. Tyler, and who had been 
rescued from him in the manner before stated. He then of- 
fered a reward of five dollars to any one who would deliver 
said Tyler to him. A notion seemed very generally to pre- 
vail, amongst those who were then present, that said Tyler, 
having once been legally made a prisoner, by the arrest of 
said Smith, might be retaken again wherever he could be 
found. This Jolm H.Tyler was one of those who had said 
Bianchard in custody at the time he was rescued in the 
manner before stated. After Smith, the Deputy Sheriff, had 
offered this reward for the recapture of said Tyler, several of 
the individuals who had left their homes for the avowed and 
express purpose of rescuing Bianchard, unadvisedly and im- 
properly went over the line for the purpose of retaking Tyler, 
they having at that time the impression that they were justified 
in so doing. No sooner were these individuals over the line 
than they were set upon in a furious, boisterous, and outra- 
geous manner by the individual before^ referred to, as the 
cause of all the difficulty at the Indian Stream settlement, and 
the very individual who had issued the warrant by which Bian- 
chard had been dragged from his home as before stated. 



n 

This individual came upon them while they were peaceably 
and quietly demeaning themselves, having offered or threat- 
ened violence to no one, and ordered them off the highway, 
and attempted to make prisoners of them, and called upon those 
who were with him to assist. The New-Hampshire citizens 
not relishing the idea ofthus being made prisoners, resisted, and 
being assaulted with great violence by the inhabitants of Cana- 
da, their horses' bridles seized, and stones thrown violently at 
them, defended themselves with such arms as they had with 
ihem having taken them at the time they turned out for the rescue 
ofBlanchard. We do not undertake to state with accuracy all 
the particulars of the skirmish vvhich ensued upon this assault, 
but we are confident in the assertion that the first violence of- 
fered or threatened was that done to the citizens of New- 
Hampshire, by citizens of Canada. The result was, that the 
individual who commenced the brawl was violently seized and 
brought over the line into Vermont and there detained some 
hours, and finally set at large. 

As to the assertion that the late Gov. Badger was connected 
with a band of speculators clauning the territory of Indian 
Stream as their private property, we are avrare of no rule of 
courtesy or etiquette which requires us to call it by any mild- 
er name i\\d,u falsehood. 

The Commissioners, in conclusion, are happy in being able 
to inform your Excellency and the Legislature, that the in- 
habitants of this section of our state are now in as quiet and 
peaceable condidon, as free from internal commotion, or for- 
eign interference, as any portion of the state whatever. The 
citizens there, who v^^ere friendly to the preservation of good 
order and the wholesome administration of the laws, and who 
had begun to apprehend that they were neglected, have been 
assured that the protecting energies of the state are extended 
to all within her borders, while the lawless and the vicious 
have been made to feel that their remote situation affords no 
sanctuary for crime. 

We have no hesitation in saying that the people are noAV 
contented and happy under the government of the State, and 
that in future there will be no need of any farther a<d from the 



12 

Tfiilttia, to assist the civil officers in the due execution of their 
respective duties. 

The Conimissioners are of opinion that the measures adopt- 
ed by the late Governor of this State, Hon. William Badger, 
in relation to this subject, were wise and judicious, and that to 
liis prompt and efficient interference to maintain the integrity 
of the State and the dignity of the Laws, is to be attributed the 
pregeiJt quiet condition of the inhabitants there. 

JOSEPH LOW, 

RALPH METCALF, > Commissioners. 

JOHN P. HALE, 

Nov. 23, 183G. 



> 111 



APPENDIX. 



Hon. Isaac Hill to Hon. John Forsyth. 

Senate Chamber, WashingtOQ; 
Jan. 4, 1836. 
Hon. John Forsyth. 

Sir, — I have this morning received from the Adjutant Gen-^ 
eral of the State of New-Hampshire the accompanying letter 
enclosing other letters showing the present condition of the 
settlement at Indian Stream, situated in the northerly section 
©fthat state, on the confines of Lower Canada, These com- 
munications, after perusal, I wish may be returned. 

It is manifest from these letters, as well as from other factr 
transpiring, that the difFiculty would at once be settled, if the 
malcontents had not a tolerable presumption that they will be 
protected in their acts of meditated violence by the British au- 
thorities in Lower Canada. If assurances may be obtained 
that the aggressors, who are principally fugitives from tb« 
States, shall not be countenanced by the British authorities, 
the necessity for continuing an armed force by the State will 
have been superseded. If such assurances cannot be obtaiu- 
€d, will it not be the duty of the National Government at once 
to protect the State of New-Hampshire and its citizens in the 
rightful jurisdiction and possession which never, until recent- 
ly, has been denied them ? An early answer is requested. 
I am, respectfully, sir, 

your ob't servant, 

ISAAC HILL. 



14 

Hon. Isaac Hill to Hon. John Forsyth. 

Senate Chamber, WashingtOHj 
Jan. 6, 1836. 
Hon. John Forsyth. 

Sir, — I have this morning received additional letters from 
Indian Stream, in Coos county, New-Hampshire, which I en- 
close, and, after perusal, wisli to be returned with others here- 
tofore sent. 

You will perceive by these hist letters, that the course pur- 
sued by the Canadian government is calculated to encourage 
the malcontents in that region. It appears to me that the Na- 
tional Executive has it in its power to put a stop to that in- 
terference of the foreign government which is certainly new in 
regard to this territory. The Canadian government has just 
as much right to direct its magistrates to take depositions at 
Lancaster, the shire town, as at Indian Stream in the same 
county; and if it would be the duty of the Executive to inter- 
pose Its power to prevent an invasion in one case, it will be in 
the other. 

I am, respectfully, sir, 

your obedient servant, 

ISAAC HILL. 



Hon. John Forsyth to Hon. Isaac Hill. 

Department of State, 

^_ ^ Washington, 11th Jan. 1836. 

Hon. Isaac Hill, 

Sir. — Your letters of the 4th and 6th instant, transmittin*^ 
cenain papers relative to the present condition of the settle- 
ment at Indian Stream, have been received. In returninc^ 
these enclosures, m compliance with your request, and tender- 
ing my acknowledgments for the opportunity afforded me of 
perusing them, I have to add, in answer to the suggestions con- 
tained in your communications, that no necessity Ts believed to 
exist, at present, for the interference of the General Govern- 
ment, in the manner proposed, for the protection of New 



15 

i-Iampsblre and its citizens in the jurisdiction and possession 
of tlie Indian Stream territory. 

I am, Sir, respectfully 
Your obedient servant, 

JOHN FORSYTH. 



Hon. John Forsyth to Gov. Badger, 

Department of State, 

Washington, Feb. 1836. 
His Excellency William Badger, 

Governor of the Slate of New-Hampshire. 

Sir, — I have the honor to transmit to your ExcellencVj 
herewith, the copy of a note addressed to this Department on 
the 18th instant, by Mr Bankhcad, His Britannic Majesty's 
Charge d'AfFaires at Washington, enclosing the copy of a let- 
ter which he has received from tlie Earl of Gosford, His Maj- 
esty's Governor General of Canada, with a variety of accom- 
panying documents relative to a complaint preferred by His 
Excellency against several citizens of the United States re- 
siding in New-Hampshire, for an alledged outrage committed 
on the persons of certain subjects of His Britannic Majesty, 
and for a violation of British Territory. 

lam directed by the President, in communicating to your 
Excellency copies of the papers referred to, to ex[)ress his con- 
fident expectation that you will be enabled to furnish to this 
Department such facts and explanations regarding this matter, 
as may prove entirely satisfactory to His Britannic JMajesty's 
Government, and remove any misapprehensions that may ex- 
ist in relation to it, on the part of the Canadian authorities. 

As it is intended that no reply should be made to the sub- 
stance of Mr. Bankhead's complaint, before the Department 
is in possession of your Excellency's answer, I beg leave to 
Invite your early attention to the subject. 

1 have the honor to be, respectfully, 

Your Excellency's obedient servant, 

JOHN FORSYTHo 



16 

Lord Gosford to Mr BanJchead. 

Castle of St. Lewis, 

Quebec, 6th Feb. 18S6. 

Sir, — It has become my duty to communicate to you the i 
details of an outrage of a very grave character which has re- 
cently been committed within the undoubted limits of this 
Province by an armed body consisting principally of citizens 
of New Hampshire, on two of His Majesty's subjects — one a 
justice of the peace, and the other a peace officer, while in 
the execution of their official duties. And I have to request 
tliat you will take such steps as you may judge advisable to 
obtain immediate redress from the justice of the Central Gov- 
ernment of the United States for this infraction of the Law of 
Nations, accompanied by acts endangering the lives, and vio- 
lating the liberties of His M.'s Canadian subjects. 

Before entering into the details of the case, it is proper to 
inform you, that they were collected under a commission 
which I appointed for the purpose, consisting of three gentle- 
men who were expressly made justices of the peace, in order 
that all the evidence might be taken (as it was) under the 
sanction of an oath, was to render the information obtained 
as formal and accurate as possible. 

From the copies of the documents, which I have the hon- 
our to transmit, and especial from the Report of the Com- 
missioners No. 1, and the affidavit No. 5, of Mr Rea, you 
will perceive that the origin of the present affair may be traced 
to the assumption of jurisdiction by the State of New Hamp- 
shire over the township of Drayton, or, as it is otherwise call- 
ed, the Indian Stream Setdement, which has more than once 
formed the subject of remonstrance with the Government of 
the United States, through His Majesty's Minister at Wash- 
ington. You will further perceive that on the J5{h October 
last Mr Rea, who is a justice of the peace for the District of 
St. Francis, residing in the township of Hereford in thisProv- 
mce, issued his warrant, upon the sworn information of one 
John H. Tyler, an inhabitant of the township of Drayton, for 
Xhe apprehension of William Smith, John Milton Harvey (Am- 
erieaa eitizens) and Richard I. Blanchard of Drayton, for 



17 

having arrested the said Tyler under the authority of the 
Sheriff of Coos, New-Hampshire. 

Under this warrant Blanchard only was arrested on the 22d 
October, at his residence in Drayton ; and while the Consta- 
bles were conveying him to IMr Rea's, he was forcibly rescued 
m the highway by a body of armed men, citizens of New- 
Hampshire. The Constables and others who had assisted in 
the arrest, immediately proceeded to inform the Magistrate of 
the rescue, and on their return home, when about fifty rods 
from his house, were again stopped on the public highway by 
one Miles Hurlburt, of Stewartstown, New-Hampshire, and 
Ephraim Aldrich of Drayton, two of the arnifid body, and 
both on horseback. On observing this, Mr Kea, to avoid 
even the appearance of force, laid aside the stick which his 
lameness in general obliges him to use, and proceeded to re- 
monstrate against this unwarrantable and illegal act, when 
Hurlburt presented a large pistol or carabine, and threatened 
(to fire upon him if he attempted to advance ; Mr Rea, after 
'frequently exhorting them, without success, to retire, and re- 
iceiving in return only threats and abusive language, directed 
Bernard Young, a peace officer of the township of Hereford, 
to arrest Aldrich, who was apparently unarmed. On Young's 
attempting to execute the order, Aldrich drew a horseman's 
I sabre from under his cloak, and struck him a violent blow on 
the neck. At the same instant Hurlburt who was about five 
yards distant, fired his carabine or pistol at Mr Rea. The 
ball, missing this gentleman, took effect on Young, and woun- 
ded him in a very dangerous manner. 

Immediately afterwards Aldrich inflicted a deep wound on 
Mr Rea's head, and, about this time, others of the armed par- 
ty coming up, Mr Rea attempted to make his escape, but 
was overtaken, nearly murdered, and eventually carried pris- 
t»ner into Canaan in Vermont where, after being detained 
some hours, he was enabled, through tho interference of 
Herman Nichols a Magistrate of that State, to return to his 
Ovrn house. 

The scene of these violent proceedings is not in the disput- 
ed Territory, but clearly within the hmits of this Province. 
Th« parly engaged therein consisted of about 60 or 60 per- 
! ^ 

I ' 



13 1 

sons, although not more than 18 or 20 appear to have taken an 
active part in the attack upon Mr. Rea, and in his subsequent 
abduction — ol this number, 3 only were inhabitants of Dray- 
ton, the remainder citizens of the U. S., of whom one was a 
Captain in the 24th Regiment of New-Hampshire Militia 
named James Mooney then in command of a detachment of 
60 men quartered in the Township of Drayton. 

On a perusal of the accompanying Documents, you cannot 
fail to observe that H. M's Gov't has more than one distinct; 
cause of complaint to bring under the notice of the Americvini 
Gov't arising out of these transactions. The first and most se- 
rious is the irruption within the limits of this Province of arm- • 
ed citizens of the U. S., under the command of or countenanc- 
ed by an officer holding a Commission in their Militia, for the 
avowed purpose of attacking and forcibly carrying out of the 
Province several of H. M's subjects. Secondly, the continu- 
ed attempts of the State of New-Hampshire, notwithstanding 
the repeated remonstrances of H. M's Gov't, to exercise juris- 
diction and to enforce its laws within a Territory which until 
it shall be formally adjudged to be part of the U. S. under the^ 
Treaty of 1783, must be considered as still undetached from 
the original possession of Great Britain — and its inhabitants 
consequently within the protection of her Gov't. And third- 
ly, the military occupation, by the State of New-Hampshire, of I 
the Territory in question, — a proceeding which can be pro^- 
ductive only of embarrassment to the two governments with- 
out varying in any respect the rights of either. 

Having thus put you in possession of the principal features 
of this transaction, I feel it unnecessary to offer any sugges- 
tions as to the specific redress that ought to be demanded on 
the present occasion. And I the more readily abstain fromi 
this, under the persuasion that it requires nothing but a know-- 
ledge of the facts to induce the Gov't of the U. S. to adopil 
measures which will at once prove satisfactory to H. M's Gov^tl 
and prevent the repetition of occurrences tending to disturb 
the harmony and good understanding which now exists, wilH 
so much advantage to both nations. 

I have hC' SiC. 
(Signed) GOSFORD. 

Charles Bankhead, Esq. he. he. 



1^ 

riej>ort ef Commissioners appointed by Lord Gosford. 
T^ His Excellency the Earl of Gosford, Captain General and 

Governor in Chief in and over the Provinces of Upper and 

Lower Canada, kc. k,c. &c. 

We the undersigned Commissioners appointed by your Ex- 
cellency to enquire into and investigate certain ofFences al- 
leged to have been committed by Ephra.im H. Mahurin, 
Thomas B. Blodgett and others, citizens of the United States 
of America, against Alexander Rea, Esq. and other subjects 
of His Majesty in the Province of Lower Canada, to exam- 
ine witnesses under oath touching the said complaints and to 
report v;hat felonies, misdemeanors, breaches of the peace, 
and other offences, if any should appear to have been com- 
mitted, by the said persons within the said Province of Lower 
Canada, having visited the townships of Hereford, Drayton 
and Compton and examined divers vvjtnesses, have the hon- 
or to report : That it appears from the dppositions taken be- 
fore us, and herev/ith transmitted to your Excellency, that 
for a length of time attempts have been occasionally made 
without success by the authorites of New Hampshire to ex- 
ercise jurisdiction over the Indian Stream Senttlement in the 
Township of Drayton ; and that during the last 12 months a 
disposition to reduce that settlement by force under the con- 
trol of New Hampshire has been more fully evinced by nu- 
merous acts of violence and oppression committed on the in- 
habitants by persons professing to act under authority from 
the state of New Hampshire. It further appears that serious 
ofFences have been recenily committed against the Laws of 
this Province within its undoubted Boundary by armed par- 
ties from the state of New Hampshire in the first place by 
the forcible rescue of one Richard I. Blanchard while he was 
being conducted to Hereford under arrest in virtue of a war- 
rant from Alexander Rea, Esq; a Justice of the Peace for 
the District of St. Francis, at a spot within the limits of the 
said township of Hereford as will be seen on reference to the 
accompanying diagram and map on which the same has been 
accurately marked by Capt. Hayne after actual survey, and 
secondly by a violent attack on the peaceable and unprotected 
inhabitants of Hereford by an armed body acting under the di- 



20 

rections &f an officer in the New-Hampshire Militia of the 
name of James Mooney in which Alex. Rea, Esq. and Ber- 
nard Young inhabitants of Hereford were severely wounded 
and the former forcibly conveyed over the Boundary into the 
State of Vermont, where after having been subjected to much 
abuse and ill treatment he was released by a Magistrate of 
that State. It appears to us that no satisfactory reason can be 
adduced in justification- of these outrages and that the only ex- 
cuse offered in palliation is that Alex^ Kea exercised undue au- 
thority in granting a warrant for the arrest of said Blanchard 
and one Luther Parker of Indiati Stream although at the time 
he was acting in the course of his duty as a Magistrate in con- 
sequence of an assurance given to the inhabitants of Indian 
Stream that they should be protected by the Gov't of this 
Province. It also appears to us that no fair aTgument can be 
advanced in favor of the pretensions of the State of New- 
Hampshire to the Indian Stream Territory, the words of Trea- 
ty of 1783 being clear and the Boundary defined by the Cort-^ 
necticut River in that part, but it is attempted to substitute a 
tributary known by the name of Hall's Stream for the Connec- 
ticut River although each of these has been known by the 
name which it now bears for upwards of 50 years. It more- 
over appears that Governor Badger of New-Hampshire is con- 
nected with a Company of Land Speculators who claim the 
territory of Indian Stream as their private property under a 
pretended tide from one King Philip an Indian, which might 
possibly induce a belief that he is actuated by other motiveat 
than State Policy in his attempts to annex it to the State of 
New-Hampshire. It appears also that the inhabitants of Irr- 
dian Stream setdement situated on a territory in dispute be- 
tween both countries, and over which jurisdiction had been 
occasionally exercised by each, framed and adopted a Con- 
stitution for themselves for their better government, which 
was to become null and void on the final setdement of the 
Boundary question. Amongst others one Luther Parker took 
the oath to support this Constitution and was elected a Mem- 
ber of the Executive Council, but having through misconduct 
forfeited the confidence of the inhabitnnts they ceased to elect 
him or to promote hirn to an^- office under the Constitution, in 



■SI 

^c)nsequence of which he became dissatisfied, transferred his 
isllegiance to the Gov't of New-Hampshire and has ever since 
by misrepresentations to that Gov't and by all other means in 
his power continued to harrass and disturb the peace of the 
inhabitants of hidian Stream, and leagued with five others, he 
forwarded a petition for protection to the Gov't of New- 
Hampshire falsely purporting to be a petition of the Inhabit- 
ants of Indian Stream, but in reality signed by certain inhabit- 
ants of Colebroolc, Sxevvartstown and Clarksville in the State 
of New-Hampshire. This Luther Parker was subsequently 
arrested under a warrant issued by Mr. Rea for an assault on 
one Jonathan C. L. Knight and conveyed to Sherbrook Gaol 
whence he was discharged on giving bail. 

We have further to report to your Excellency that several 
of the inhabitants of Indian Stream, obnoxious to the authori- 
ties of New-Hampshire on account of their attaohment to the 
British Gov't, have been driven from their homes, that their 
houses have been rifled, their females abused and their proper- 
ly sacrificed, and that the Territory is now in the possession 
of a body of New-Hampshire Militia consisting of 50 men un- 
der the immediate orders of the same James Mooney who was 
•conspicuous in the affray at Hereford, that in our progress thro' 
the Indian Stream settlement in the prosecution of our enqui- 
ry we were stopped on the highway near the house of one 
Fletcher (also marked on the accompanying figurative plan) 
by a Military Guard composing a partof ihe force above men- 
tioned, who at the point of the bayonet commanded us to 
stand and would not permit us to pass altho' made aware of 
the authority under which we were acting. And we further 
report that several of the inhabitants of Indian Stream have 
been lately carried prisoners to Lancaster Gaol in the State 
of New-Hampshire for rebellion against the laws of that State, 
i^ome of whom have been liberated on bail, but two of the 
number, viz. Emer AppJeby and Benj. Appleby still remain 
incarcerated. Amongst those who were most active in the 
commission of the outrages above mentioned, we would di- 
rect your Excellency's attention in an especial manner to 
Ephraim C. Aldrich and Luther Parker, inhabitants of Indian 
Biream^ the former being the person who cut Mr Rea over the 



22 

head with a sabre and who afterwards attempted to take life 
life, and the latter who acted as a spy and general disturber of 
the peace, as also to Miles Hurlburt of Stewartstown, New- 
Hampshire, v/ho shot Bernard Young, James Mooney tho 
Captain of the Guard stationed at Indian Stream, Ephraini 
H. Mahurin,Thomas B. Blodgett and James M. Hilliard, who 
were the leaders of the party which rescued Blanehard and 
to Joseph P. Wisnell. And we do furtlier report that 
from the disposition manifested by the authorities of New- 
Hampshire to oppress the inhabitants of Indian Stream and 
the threats w^iich are daily made of again offering violence to 
Mr. Rea and others His Majesty's subjects in that quarter there 
appears to exist an absolute necessity for speedy measures 
being taken by the British Gov't for their relief and protection. 
We would humbly recommend to the favorable consideratiori 
of your Exc'yj Bernard Young v.dio was severely wounded 
while acting as a Peace Oftlcer in the execution of his duty 
under Mr. Rea, he being still incapacitated for labor and much 
injured in his general health and having no means of paying 
the fees of his medical attendant or of earnin2; a livelihood 
except by the work of his hands, and in conclusion we beg 
leave to observe that we are indebted to Capt. Hayne forhis 
assistance in ascertaining and marking on the Diagram and 
Plan the situation of the different places referred to in the 
deposition of the witnesses and in this our report wliich is 
humbly submitted. 

Lennoxville. 1st January, 1836. 

^'Signed" EDWARD SHORT. 
1. McKENZlE, 
BENJ. POMROY. 



Hon. William Badger to John P. Hcehy Esq, 

Gilmanton, Nov. 3, 1836. 
John P. Hale, Esq. 

Dear Sir, — I have this moment rec'd your letter stating that 
the committee appointed by the Governor of Canada to make 
certain investigations at Indian Stream reported that I was 
connected with a certain company of land speculators who 



claun the territory of Indian Stream as their private property 
under a pretended title from one King Piiilip an Indian. 

So far the report is entirely false, without the least shadow 
of truth. I have not and never had the least pretence or 
claim to any of the lands in that section of the State under 
King Philip or any other one, and the accusation is as ground- 
less as 1 think the claim of the British Government to that 
Territory. I am, dear sir, very respectfully 

Yourob't servant, 
WILLIAM BADGER. 



E. H. Mahurin to Gen. Josej)h Low, 

Columbia, Aug. 28, 1836. 

Respected Sir, — Having now got some over the fatigue of 
our tour, I proceed to communicate to you some information 
which [ deem of some importance to the State and which 
must be conclusive in i^ettling the boundary line on Indian 
Stream Territory. 

1 had been told by some old hunters that the waters of the 
Androscoggin run several miles around to the north of the 
Corner as marked by Col. Eames in 1789 ; and I communi- 
cated that fact to Gov. John Bell in 1828, requesting him to 
urge that fact strongly on the Commissioners at that time en- 
gaged in settling the Boundary question ; but it seems that all 
important fact has never been urged on the British Govern- 
ment. 

It is not strange that Col. Eames and the committee of '89 
should have thought that they were on the treaty "highlands" 
when they got on to the mountain where they marked the 
corner ; the country at that time was entirely unknown ex- 
cept to the Indians, and it appears by Col. Eames' Journal 
that the weather was cloudy and stormy and they could not 
have that view which we had in clear weather ; also the 
small streams running from that range of mountains generally 
run northwardly and might xery naturally be mistaken for 
"Canada waters," as he terms them in his Journal. In all 
our tour, we never passed a single stream or rivulet but what 
run into either the Androscoggin or Connecticut and 1 think 



24 

we could not have been nearer than eight or ten miles to the 
nearest waters of St. Francis river. 

I send you a rough, hasty sketch of the situation of the 
streams and highlands drawn without instruments, in a few 
moments, but which will give you as good a general view of 
it as if done with mathematical accuracy. You will notice 
by this that it is very plain that either Indian Stream or Hall 
Stream and probably the latter must ba the "head" of Con- 
necticut river intended by the treaty, as you cannot follow the 
highlands westerly and get near the waters which run into the 
Lakes. 

In fact if the U. States and the British Government would 
each appoint an intelligent, practical man, and have them go 
and make an actual examination of the highlands and waters, 
tliey would setde the qnesdon at once and put a final end to 
this vexacious controversy, and much more favorable to us 
than we have ever contended for. 

At any rate, according to their own construction of the trea- 
ty, we have from 40 to 60 thousand acres of land more than 
we ever thouglit of claiming ; and Gen. Young and Mr Hil- 
lard, who left us when we were running the north line, and 
went on to it and examined the land, waters, &lc. say much 
of it is excellent land. Considering this information of im- 
portance I have thought it my duty thus early to apprize the 
Commissioner of the fact, that they may communicate it to the 
Executive. 

I find some dilliculty in finding good hands, in this busy 
time of harvesting, to go out with me, but hope to be able to 
set out on Wednesday next to complete the survey of the riv- 
ers. I am respectfully, 

your ob't servant, 

EPH. H. MAHURIN. 

Gen. Joseph Low. 

P. S. Magallow river is the main branch of the Andro- 
scoggin river. 



i 
i 



25 



DEPOSITIONS. 



Depositon of Ephraini H. Mahurin. 

I Eph. H. Mahurin, of Columbia, Coos Counts, N. H. de- 
pose and say, that in August last past, I was employed by Gen. 
Jos. Low and others, the Indian Stream Commissioners, as a 
Surveyor to examine and survey the sources of the several 
Branches of Connecticut River and the heights of land ad- 
jacent as set forth in the survey of the State's Commissioners 
in the year 1789 — That accompanied by Gen. Ira Young, 
James M. Hilliard and others as packmen, &;c. I proceeded 
to Lake Connecticut and from thence to the second Lake so 
called, which we explored, and the various small streams 
leading into it ; from thence we crossed the highlands to the 
easterly line of the State of New-Hampshire, which line we 
followed, crossing many small streams running eastwardly into 
Magalloway river, which is a large branch of Androscoggin 
river, until we reached the northeasterly corner, which we 
found to agree with Col. Jeremiah Eames' Journal of the 
Survey in 1789, being marked on a Birch tree and the marks 
Oil the same corresponding, as far as legible from age, with 
those noted in the Journal of said Survey. We then follow- 
ed his line and found the points of compass and distances to 
agree with his Journal and field book, for about eight miles, 
which led us to a point considerably north and west of the up- 
per Lake or Pond, and also of all the waters running into the 
same. We found two or three very small brooks running in- 
to said Pond from the north, which, we judged, were none of 
more than one half mile in length, and the lands to the north 
very high, and the heights lying in rather a circular form in a 
nordierly direction. 

We then run and marked a line due west to Indian Stream, 
which we found, where we crossed it, sufficiently large for 
mills at a good pitch of water, and then run, measured and 
marked a line due west from thence to Hall stream, on its 
easterly branch, being much the longest branch of said stream, 



26 

and found the distance between the streams to be tnree ana 
one half mi!es and ten rods. 

We then run on three miles west, crossing two small brooks 
evidently leading into the east branch of tlall Stream, and 
over some high land, and at the end of three miles came to 
w^aters leading into Clifton river in Lower Canada at the point 
marked " C" on the plan exhibited. 

We then surveyed the stream from the mouth of Indian 
stream to the mouth of Hall stream and then surveyed Hall 
stream from its mouth to the source of the easterly branch, and 
found it to be eighteen miles and twenty two rods in length, 
and surveyed Indian Stream from our west line to its source. 

On the accompanying plan, the river between the mouths 
of Indian and Hall streams, the whole of Hall streftm and that 
part of Indian stream nortlierly of our west line are laid down 
from actual survey and admeasurement. Indian Stream from 
said line to its mouth, and the lakes and waters leading into 
and from them, as also Perry stream and Magalloway river 
and their branches, aye laid down from examination and not 
from actual survey anci achneasurement. 

From our examination, it is rendered certain ihnt the State's 
committee, who run the line in 1789, mistook the waters of 
i\lagalloway for waters running into the St. Francis and sup- 
})osed^they were on the highlands according to the treaty, 
when in fact they were on the highlands dividing the waters 
of Magalloway and Connecticut rivers, and thrt between the 
line then marked and the actual highlands according to the 
Treaty, lies a large tract of land on the waters of said Ivlagal- 
loway, which, according to any reasonable construction of the 
Treaty, must be within the United States, and appeared to be 
valuable land. 

The heights of land contemplated by the Treaty, as laid 
down on the plan, are one continuous chain of mountains, 
ranging about northeast and southwest as far as we could see 
to the northeast, but are not as high when you get near to the 
point " C" on the plan. They are probably not laid down so 
far from the line run by the Committee on the plan as they 
ought to be except at the point marked " D", where the lo- 
cation is exact. 



27 

The lands around the upper lakes and on the easterly line 
ot" the state to the corner, and on the line on the highlands as 
run by the committee in 1789, are of very little value. The 
lands adjoining lake Connecticut and between said lake and 
the mouth of Indian stream and around Back lake are a con- 
siderable portion of them good lands for cultivation and set- 
tlements are interspersed in various directions. 

The lands on the easterly side of Indian Stream, for some 
distance from its mouth nearly to its source, are various in 
quality, but a considerable portion of good land, and there are 
some extensive intervales on said stream. 

The lands between Indian and Hall streams are more uni- 
formly of the first rate quality of upland than any 1 have seen 
in the sanie quantity together any where in this county, and I 
believe there is no town in this part of the country where the 
upland is so uniformly good for cultivation. 

October 24th, 1636. 

EPH. H. MAHURIN. 

Coos ss. October 25th, 1836. Personally appearing 
Ephraim H. Mahurin and made solemn oath that the forego- 
ing deposition by him subscribed is true. 

Before me, IRA YOUNG, Justice of the Peace, 



Deposition of Ira Youngs 
I, Ira Young, of Colebrook, in the county of Coo«:, and 
State ot New-Hampshire, do depose and say, that in August, 
1836, at the request of Gen. Joseph Low and Col. John P. 
Hale, 1 accompanied Epbraim H, Mahurin, Esquire, ^vho had 
been employed by them as surveyor, to ascertain the North 
East and North boundaries of the State of New-Hampshire, 
and also to find the line, if any, run by a Committee appointed 
by the Legislature of said State in 1789, composed of J. Cram, 
Jeremiah Eames, Col. Hoit and others. We repaired to In- 
dian Stream Territory, and after having explored the Lake 
above Lake Cornecticut, or second Lake, so called, we went 
East to the line between the States of Maine and New-Hamp- 
shire and followed that until we came to the birch tree, which 
was marked by said Committee as the North East corner of 
the State of New-Hampshire, and found upon that tree an- 



28 

cient marks similar to those described to have been put there 
by said Committee, some of which were '47S9" "J. E." "M 
64" — That said tree stands some distance from the top of the 
lange of highlands, upon which it is situated. James M. Hil- 
liard and myself went to the top of ihe height to see if the wa- 
ters rtinning into the St. Lawrence, Canada, run in the valley 
between that height and the height next beyond Northerly. — 
That we ascertained from that examination and from other in- 
formation, that the stream in said valley which there tended 
Easterly, was a branch of the Magalloway which empties into 
the Androscoggin river — That we returned to said birch tree 
and from thence we followed and measured the line made and 
spotted by said Committee, I carrying one end of the chain, 
six miles. That said line was on the highlands south of said 
Magalloway branch and found the courses and distances indi- 
cated by said Committee in 1789, to be correct. We thought 
it unimportant to measure any further. We chained no farth- 
er, but followed said line, which was very distinct in most 
places, although made so many years since. Said line led us 
within five or six rods of a circular pond from which the wa- 
ters run through the second Lake into Lake Connecticut, and 
thus into Connecticut river. Said pond is about one mile in 
circumference and is sometimes called the third Lake and is 
surrounded by quite highlands. Said Hilliard and myself went 
Northerly from said pond to the top of the heights. We judg- 
ed it from six to eight miles from that height to the next height 
Northerly and we were satisfied from oui examination that the 
branch of the Magalloway before spoken of as running in 
the valley North of said birch tree continued on in the valley 
North of said pond, running from the West tending Eastward- 
ly. From the said pond to said first heights is perhaps one 
hundred rods, perhaps one mile. From thence said Hilliard 
and myself went Westerly and in the course of from one to four 
niiies we crossed three or four branches of said Magalloway, 
^ma'.l streams running Northerly into said valley Northerly of 
said pond. In that course we came upon a very large and ex- 
tensive piece of flat land, out of which some of the branches 
of Magalloway flowed and also a branch of the Indian Stream, 
all running Northerly. Said branch of Indian Stream and our 
branch of Magallowy were near togother. We went North 
of all tne waters that flowed into said pond, but came to the 
conclusion from what we could see, that some waters running 



39 

into said pond took their rise in the south part oi sau Hat hnd 
and also that some of the Magallovvay waters rose south of the 
waters running into said pond. We found the rest of our 
partj who had followed said Committee's line some four or 
five miles westerly of said pond, from whence we took a due 
west course until we struck Indian Stream where it was some- 
thing of a mill stream, some one and a half to two rods wide, 
and spotted our line west to that place and from thence we re* 
turned home. 

The distance from the height on which said birch tree stand* 
before mentioned as designated by said Committee in 1789, as 
the Northeast corner ot the State, to the next height North, ii 
as near as 1 could calculate without measuring, from six tt> 
eight miles. The heights last mentioned tend Easterly and 
Westerly. 

IRA YOUNG. 

Coos, ss. October 22, 1836. Personally appearing Ira Young 
and made solemn oath that the foregoing deposition by hiir^ 
subscribed, is true. 

Before EPH. H. MAHURIN, Justice of the Peace. 



Deposition of James M. Hilliard. 
1, James M. Hilliard of Colebrook, in the County ofCoo« 
and State of New Hampshire, of lawful age, depose and say, 
that in August 183G, I was employed by Gen. Joseph Low to 
accompany Ephraim H. Mahurin, who was employed by him 
as Surveyor, as a guide, &lc. to ascertain the East and Nortit- 
ern boundary of the State of New Hampshire. That Vye 
went to the line between the States of Maine and N. Hamp- 
shire, followed that until t\e arrived at the Biich Tree vvhicij 
was marked as and for the Northeast corner of the Slate by a 
State Committee in 1789. That I examined for the purpose 
of ascertaining what waters run in the valley Northerly of said 
birch tree, and from that examination and from my former 
acquaintance of the waters of Magalloway river south of that 
spot, I have no doubt that the waters running in that valley 
are the Magallovvay waters, which river Magalloway empties 
into the Androscoggin River. That the distance from said birch 
tree to the next heights north is, as near as I can calculate il 



30 

wiibout ineasuring, between 7 and 8 miles. And I have no 
doubt that height divides the waters which run into Andro- 
scoggin and into the St. Lawrence rivers. 

That we followed the river as established by said commit- 
tee in 17S9, commencing at said birch tree, running souther- 
Jy and westerly about seven miles to the Doiid or third Lake, 
wliicii IS above and connected with Lake Connecticut. That 
1 made a farther examination north of the heights which are 
near said pond, to ascertain what waters run in the valley 
Worth and West of the waters running into said pond. That 
I ascertained to my satisfaction from examination and other- 
wise that the waters running North and West over the heights 
r.orth of said pond, were the Magalloway waters, which 
runmng Northerly and Westerly are a continuation of the wa- 
ters spoken of as running North of said birch tree. And I 
have no doubt that the waters North of said pond are the 
ivlagailoway waters. 

From the best calculation I could make without actual ad- 
measurement, that from said pond to the heights North divid- 
ing the waters of the Magalloway and the St. Francis which 
emptiesinto the St. Lavyrence, the distance is seven or eight 
miles, and that those heights tend Easterly and Westerly. 

I.n JI'pV . ^^V'/^'^^' Magalloway which run about one 
i undied rods North from said pond or some of them, have 
their rise about four or five miles West of the small streams 
whicli run into said pond and that one branch of said Ma-all- 

oway and one branch of Indian Stream have their rise near 
together. 

That we ran due West from near said pond aad as far 
North as the head waters of the small streams which run into 

ar.t^'l'f °"' "^'''"l ''1'"'='^ ^"'^'=^" Sfream,which stream 
at that p ace was sufficiently large to carry a mill-about one 
and a half or tw^ rods w de. J left said stream on my retun' 
home I have been on hunting excursions heretefore up said 
Magalloway waters w.thni a short distance of the Northeast 
corner of the State before mentioned and know from S 
descended it that it was the Magalloway water. '' 

r„ r^ , JAMES BI. HILLIARD. 

Coos ss—October 1, 1836. Sworn to before me 

IRA YOUNG, Justice of the Peace. 



31 

Deposition of John Hughs. 
1 John Hughs, of Canaan hi the county of Essex and State 
of Venn nt, depose and say, that some time in the year A. 
D. ]S20 or 1821, I was employed by Dr. Turk and a Mr. 
CarHsle, British surveyors, to go with d)em and survey the 
Connecticut river from the forty fifth degree of North Lati- 
tude to its source. Accordingly we commenced at Col. Jer- 
emiah Eames' in Stewartstown and surveyed up the Connec- 
ticut river on its East side till it is intersected by Hall's stream, 
when we crossed over to the other side and ran up to the first 
Lake which is called Lake Connecticut, which Lake wo sur- 
veyed and surveyed the river from said Lake up to the mid- 
dle or second Lake which we also surveyed, and sur- 
veyed the stream which appeared to be the largest, and 
which led from the third pond, situated about 5 or 6 miles 
above the second pond and about one mile long and about one 
half or three quarters of a mile wide. There were two streams 
running into this pond, both of which we measured, one was 
less, and the other more, than a half mile long. 

When we arrived at the source of the largest brook which 
ran into the pond and could find no running water any further 
up, Mr. Carlisle remarked that Judge Chipman had told them 
to run up to the last drop of running water in the main branch 
of Connecticut river, and that having done that, we might put 
up our chains as there was no further use for them, which we 
accordingly did. 

After we had surveyed to the source of these waters as I 
have stated, we returned to the camp which was at the last 
named little pond at the head of Connecticut river as now 
called, and one Brockway who accompanied us, told the Brit- 
ish surveyors that the St. Francis waters were just over the 
hill upon'ths side of whic e had surveyed. J then asked 
said Brockvx y how long ; ' rad heen in this country, and he 
replied eighteen months. ' nade answer that I had hunted 
over that very country for more than twenty years, and that I 
knew the St.' Francis waters were not to be found within eight 
miles. We then returned to the source of the stream which 
we had surveyed, and there the surveyors made marks upon 
the trees, and set their compass and indicated a due West, 



* 33 

upon which we went without measuring the distance, till wg 
intersected the middle branch of Indian Stream, at a place 
large enough for a small mill-stream, so large that we were 
under the necessity of cutting a tree to make a bridge to pass 
over the same. When we intersected this stream Dr, Turk 
and Mr. Carlisle went away some rods distance out of hear- 
ing but not out of sight, and tarried some time, when they re* 
turned and told me to pilot them the best and nearest way to 
Col. Eames', which we accordingly did. This was all I had 
to do with surveying about the line between the United States 
and Canada. On this expedition we were accompanied by 
no American Commissioner or Surveyor, nor indeed by any 
American except myself and a few others who were hired by 
them as assistants. 

I was seventy years old last May. 

JOHN HUGHS. 

State of New-Hampshire, Coos ss. August 4, 1836. 

Sworn to before me 

JOHN P. HALE, Justice of the Peace, 



Deposition of Rufus Brockway, 
1 Rufus Brockway of Indian Stream settlement in the coun* 
ty Cjf Coos and state of New Hampshire, depose and say tha4 
about the year 1820, I was employed by Mr Carlise and Dr 
Turk, British survey ors,to go with them and survey Connect- 
icut River above the forty fifth degree of North Latitude. 

We accordingly commenced our survey on the west side 
of Connecticut River at the 45th degree of North Latitude 
and run up the Connecticut River to Lake Connecticut, we 
then surveyed said Lakcj then proceeded to measure, up 
stream, tlie main branch which ran into said Lake, about 
four miles to a second Lake or pond which we 
also surveyed. There weie three streams which 
ran into this second lake or pond and we selected tb« 
westerly one, judging that to be the largest, and surveyed 
that up about seven miles to a third lake or pond, being about 
©ue rflil«long and a half mile wide, according to my judgment. 



S3 

This last or third pond we also surveyed, and surveyed the 
largest stream wliich ran into this third pond about the dis- 
tance of one mile when we came to the high land. 

After we had come to the source of the last stream which 
we surveyed we ascended the height of the high land there, 
and Mr Carlisle set his compass and found the due West 
course, upon which course we then continued our survey and 
ran till we struck a small stream which proved to be Indian 
Stream, we ran across that stream and continued our course 
till we intersected another stream large enough for a mill 
stream, wliich we found was Hall's stream. When we came 
as above stated to Hall's stream. Dr. Turk remarked that it 
was of no use to proceed any farther, as there could be no 
doubt that this stream was the one which extended farthest 
to the northwest and we had better return immediately to the 
45th degree of north latitude, and he directed the guide to 
proceed to the nearest inhabitant, which he did, and we all 
went to the house of one Joseph Weston, in the township of 
Hereford, in the province of Lower Canada, where we tar- 
ried all night, and the following day returned to the house of 
Col. Eames, near the Connecticut river, about one mile south 
of the 45th degree of north latitude, where Dr. Turk settled 
vvjth the men who accompanied him on the expedition. 

Jn May 1821, T received a letter from Dr. Turk informing 
me that he wished me to accompany him on another survey- 
ing expedition. I immediately went to Col. Eames' as re- 
quested in the letter, and there met Dr. Turk who told me 
he wanted me to go with him and survey Leach's stream and 
see if that did not extend farther to the Northwest than did 
Mall's stream. Accordingly we went and commenced sur- 
veying Leach's stream and continued it till we came to its 
source. We then took a due East course and proceeded till 
we intersected Hall's stream a little above where we intersect- 
ed on the former rout when we were surveying Westerly. We 
still found that at the place where we now intersected it, it 
was quite a large stream, large enough for a mill stream. Dr. 
Turk again remarked that Hall's stream was the one which 
extended farthest to the Northwest and that it was of no use 
10 proceed any farther and directed the guide to lead them to 
3 



34 

Col. Eames'j where he again settled with the men who ac- 
companied him. 

On the following morning Dr. Turk remarked to me that 
when we first surveyed Connecticut river we had no means 
of ascertaing that the stream running into the second lake ov 
pond which we took for the largest, was actually so, as we 
did not survey but one of them, and he wanted to go and sur- 
vey another of them, and see jf we could froni the source of 
that, run a due West course Nordi of Hall's stream. AccordT 
ingly we went to the second lake or pond mentioned in our 
first surveying expedition and commenced surveying the East- 
erly stream which emptied itself into the second lake qr pond 
aforesaid and surveyed it to its source. We then took a due 
West course and ran on it till we again intersected Hall's 
stream not far from the places where we had formerly inter- 
sected it on our two fornier expeditions. Dr. Turk a^ain re- 
marked as he had tv»^ice before that it was of no use lor him 
to proceed any farther, for Hall's stream was the one which 
came the farthest from the Northwest and must ultimately be 
the prevailing stream, and we then returned to Col. Eames', 
and Dr. Turk settled with me. 

RUFUS BROCKWAY. 

State of New-Hampshire, Coos ss. August 3, 1836. 

Then Rufus Brockway above named personally appeared 
and made oatli that the above deposition by him signed i^ 
true. Before me 

JOHN P. HALE, Justice of the Peace. 



Dcposiiion of Luther Fuller. 
1 Ludier Fuller, of Colebrook in the county of Coos and 
state of New-Hampshire depose and say, that in the year 1785 
I hunted on Indian Stream territory fo.* Maj. Whitcomb and 
afterwards in 1789 I went with the N. H. Committee for lo- 
cating the lands belonging to the state in the North and East 
part of said state. That ever since 1785, I have been ac- 
quainted with said territory, having resided most of that time 
in this section of the state. I have always understood the 
same to belong to the state of New-Hampshire and always 



sdppo^d tlie iine as run in 1789 as fixing, locating mid estab* 
lisliing that territory as within the state, and never heard it 
questioned until within a year or two, and I never knew of any 
claim made during tliat lime by the British or Canadian gov- 
^ernmerit until within a year or two, of tlint territory. 

That about thirty years since, Levi Willard a sheriff of 
Coos county attached and drove away a number of oxen and 
cows and young cattle from said territory belonging to a per- 
son of the iianie of Smart, who resided at saF-i Imdlan Stream, 
■and 1 have heard of services having been made in said terri- 
tory ever since by shorifFs or their deputies, of Coos county. 
I'>om my knowledge of Hall's stream, Indian stream, and the 
streams running into the ponds and lakes connected with lake 
Connecticut, having been on these streams in 1789 v/ith the 
Committee, and having hunted there before, 1 have no doubt 
that Hall's stream runs faj:thest Northwest of either of said 
streams. 

IXTTHER FULLER. 

Coos, ss. August 9, 1836. Personally appearing Luther 
Fuller, and made solemn oath that the above deposition by him 
.3ubscribed is ti'ue. Before me, 

IRA YOUNG, Justice of die Peace. 



. Deposition of Luther Fuller. 

I Luther Fuller, of Colebrook in the county of Coos, do 
depose and say, that in the year 1789 I was employed by Jer- 
emiah Esmes, a Mr. Cram and a Mr. Hoit who had been ap- 
pointed commissioners by the state of New-Hampshire to as- 
ecrtain, rim out and maik the northwestern and northern 
bounds of New-Hampshire. I accompanied them on this 
expedition. In the month of March we ascended Hall's 
stream abotit fifteen or seventeen miles from its mouth, and 
there we erected a monument. 

When we had arrived at this point, supposing that we had 
,|50t above the other head waters of the Connecticut, we left 
Hall's stream and took an east or northeast course rill we reach- 
ed the highlands that divide the waters that run into St. Fran- 
cis river from those that run into the Connecticut. I think 



26 

that we went about fifteen mtles from Hall's stream east of 
northeast on to the highlands aad here we erected a monu- 
mentj'and then returned. 

Tn the fall of the same year we went to Fryeburg, now in 
the state of Maine, and run north on the line between, then 
Massachusetts, now Maine, and New-Hampshire, till we again 
came to the highlands that dwide the water^of the St. Fran- 
cis from those of Connecticut river in this state. Here we 
fell and girdled trees and erected a monument for the north- 
east corner of New-Hampshire. Thence we run west, fol- 
lowing the highlands till we eame to the monument we erect- 
ed on the said highlands in March befoi'e, when we went 
up Hall's stream. 

Messrs. Fames, Cram and Hoit are all dead, and 1 believe 
all the company except Theophilus Cutler and David Smith, 
who live somewhere in Vermont, and myself. 

Several years since, the state of New-Hampshire com- 
menced prosecutions against one Eebenezer Fletcher and 
some others for intruding upon lands in Indian stream territo- 
ry. CoL Fames was witness on the trials, and I heard his 
testimony, and he swore to the facts above staled. I was al- 
so a witness and swore to the same. 

I further say, that in following the highlands from the 
northeast monument we erected, west, we pass above all the 
head waters of the Connecticut or the streams emptying into 
the Connecticut till we come to Hall's stream. 1 well recol- 
lect we passed above all the waters of Indian stream which 
was then considered the main branch of Connecticut river, 
thoL/glrther€-wxis but little difference in the size of the three 
branches. LUTHER FULLER. 

State of New-Hampshire, Coos ss. August 3, 1836. 

Sworn to before me, 

JOHN P. HALE, Justice of the Peace. 



Deposition of Jesse Carr, 
I Jesse Carr, of Colebrook, in the county of Coos and 
state of New-Hampshire, depose and say that as early as the 
year 1808 I have known Levi Willard at that time sheriff of 



S7 



Ms cotinty frequently to go to Indian streann territory for the 
purpose (a? he said) of serving judicial process on some of 
the inhabitants there, and on one occasion 1 knew said VVil- 
lard to go with a writ or f rocess, as he then told nie, against 
one Nathaniel Wales of said Indian su-eam, and I saw him 
return with said Wales ia his custody. I further depose and 
say that I have for about thirty years been well acquainted 
4vith Indian stream territory, and I never knew or heard of any 
other authority claiming to have any jurisdiction over said ter- 
ritory except the state of New-Hampsliire, till within about 
one year, in which time 1 have heard that one Alexander 
Rea has been there asserting tl^e claim of Lower Canada. 
I further depose and say, that in the year 1821 I was with 
Dr. Turk a^d Mr. Carlisle, British surveyors, to survey the 
line between this state and Lower Canada, and that Dr. Turk 
then remarked that Indian stream would be the one ultimate- 
ly fixed upon as the boundary line, because that was the one 
inost Dorthwesterly and the one first intersected by tlie high- 
lands, running the'' course indicated by the treaty. 

I furdier depose and say, that lam well acquainted witn 
ihe 2;en€ral reputation of Alexander Rea of Hereford, and it 
is bad. One reason why I remember accurately the time 
avhen said Wiilard went into said territory for the purpose oi 
servino- process on inhabitants of Indian stream as aforesaid, is 
thatimmediately previous to that 1 had been specially deput- 
<3d by ^aid Wiilard to serve a warrant on an mhabitant ot 
said territory and went there for tliat purpose, but not find- 
ing him, returned having made no service. I was appoint- 
ed a deputy sheriff of this county about the year 1809 and 
continued in said office over seven years.^^^^ ^^^^ 

State of New-Hampshire, Coos ss. August IS, 1836. 

Sworn to before me, r i o 

JOHN P. HALE, Justice of the Peace. 



of 



DepositioR of Ehenezer Fletcher. 
I Ebenezer Fletcher, 'of Indian stream in the county of 
Coog and state of New-Hampshire, depose and say that 



38 



I have resi'ded where I now do for ihehst twenty -four ye^rsl 
and I never knew or heard of any other power or authon^ 
ty than- the state of New- Hampshire exercising or claiming 
to exercise any jurisdiction over this territory till some time 
in the year 1835 I understood one Alexander Rea had been 
mto the settlement claiming that the territory belonged 16 
Canada. I have frequently known the sheriffs from New- 
Hampshire come here to serve legal process, but I never 
knew any officer from Canada come here or attempt to comd 
here wrfh any sutsh pur]>ose. The inhabitants of this- set- 
tlement, have generally, till within abatit fourteen months, 
claimed to constitute a settlement SL?bject to the general ju- 
risdictron of the United States, but not v/ithin the limits of 
any pBiticular state, but I never knew or heard of anv 
of the inhabitants claiming to belong to Canada till the 
time I have before mentioned, viz. some time m 1835. I 
do not know where the line run by die committee of the N. 
H. Legiskture in the year 1789 is, but I have been told by 
Thomas Earnest who has been dead about five years, that he 
*' was the surveyor who went with sai'd committee, and that 
the line which said conimittee established followed the high« 
lands OR a westerly course till it met the head waters of Hall's 
stream," an-d the limits of this state have always been reputed 
and considered as extending thus far. 

EBEN^R FLETCHER. 

State af New-Hampshire^ Coos ss. August 11, 1636'. 

Sworn to befere me, 

JOHN P. HALE, jQsfice of the Peace. 

Deposition of Gideon TirriJh 
I, Gideon Tirrill of Clarksville, rn the County ofOoxis and 
State of New Hampshire, depose and say limt sbce the 7th 
day of March, A. D. 1 825, I have been a Justice of the 
Peace for said County of Coos. I have for twenty two years 
resided where I now do within four miles and a half ©fin* 
dian Stream, and during aH this time I have never known or 
heard of any other government than the State of New Hamp. 
shire exercising or claiming to exercise a?>y jurisdi-etiGa m 



any way or manner over said territory, till sometime in the ^ 
Dionth of June, A. D. 1835, I understood one Alexander 
Rea had claimed the territory as belonging to the Province 
of Lower Canada, and on that ground had sent a warrant 
there against Luther Parker one of the inhabhants by which 
he was seized and carried out of the State. 1 have married 
a number of couples from said Indian Stream, and 1 never 
knew or heard of any of the inhabitants going to Canada to be 
married, or having a clergyman or magistrate to marry them 
there from Canada. I have known the inhabitants of Indian 
Stream as long since as nine or ten years to obtain the bounty 
paid by this State for the destruction of Wolves, whenever, 
they destroyed any. 

Sometime in October last Clark J. Haines come to my 
iiouse and informed me that a mob from Canada had been o- 
ver and taken Richard L Blanchard and were carrying him 
to Canada. This report excited very general indignation in 
this neighborhood, and there was a general turn out for his 
rescue, myself among the number, but when I arrived at the 
store of Parmelee &i Joy in Canaan, Vermont, 1 found that 
said Blanchard had already been rescued, and he was then 
there at said store. 

After we had been some time at said store, an advertise- 
ment was exhibited offering a reward of five dollars for the 
apprehension of one John H. Tyler, who had previously been 
arrested by one William M. Smith, a deputy sheriff of this 
county, and rescued from him by a mob at Indian Stream. — 
A party accordingly started after said Tyler, but I did not 
hear the name of Alexander Rea, or of any other individual, 
mentioned, as an object of pursuit, except said John H. Tyler. 
When this party returned, they brought back said Alexan- 
der Rea with tli^m. 1 did not go into Canada that day for 

^"^ P^^'P^^" GIDEON TIRRILL. 

State of New-Hampshire, Coos, ss. August 9, 1836. 
Sworn to before me. 

JOHN P. HALE, Justice of the Peace. 



40 

Deposition of David Kent, 

I, David Kent, of Stewartstown, in the county of Coos, and 
state of New-Hampshire, depose and say, that I am a regu- 
\y ordained Elder of the Freewill Baptist church, and as such 
duly qualified, by the regulations of said church and the laws 
of the state of New-Hampshire, to solemnize marriages. 1 
am now in the sixty-fifth year of my age, and have resided 
more than eighteen years in this town, and have been all the 
time well acquainted with Indian Stream and its inhabitants^ 
and I never knew or heard of any other government, except 
the state of New-Hampshire, exercising or claiming to exer- 
cise any jurisdiction over said territory, till about the time 
that one Alexander Rea was said to have been claiming the 
territory as belonging to Canada, not far from two years since. 
During all this time, the inhabitants of said Indian Stream 
territory have been in the habit of coming into this county for 
the purpose of being joined in marriage, and never^ so far as I 
have learned, have they gone to Canada to be married, nor 
has any marriage ever been solemnized there among them by 
any one deriving authority from the church or civil authority 
of Canada. I have married as many as five couple from said 
Indian Stream territory, and about four years since I joined 
in marriage at said Indian Stream, on the Sabbath day, Sam- 
uel Drown to Deborah Hyland. This was in presence of most 
of the inhabitants of said Indian Stream territory, when they 
were assembled for religious worship, and I heard no objec- 
tion made or suggested by any one on account of my want of 
authority, it being derived from New-Hampshire. 

DAVID KENT. 

State of New-Hampshire, Coos ss. August 5, 1836. 

Sworn to before me 

JOHN P. HALE, Justice of the Peace. 



Deposition of Samuel Danforth. 
I, Samuel Danforth, of Indian Stream, in the county of 
Coos, and state of New-Hampshire, depose and say, that I 
am fifty-two years of age, and for the last sixteen years have 



41 

•eslded at Indian Stream, and during all that lime 1 never 
i knew any other government than the state of New-Hampshire 
i exercise or claim to exercise any jurisdiction over said terri- 
i tory in any way or manner, either by sending judicial process 
i there to be served, or in any other way, till one Alexander 
Rea came in there claiming the territory as belonging to Can- 
ada, about the middle of June, A. D. 1835. While I have 
lived there, the inhabitants, when they killed a wolf, or any 
: other creature lor whom a bounty is offered by the laws of 
New-Hampshire, have uniformly gone into New-Hampshire 
for said bounty and have uniformly received it. 

About a year since, as near as I can recollect, said Alexan- 
der Rea addressed the inhabitants of said Indian Stream, at a 
meeting holden at the school house, and as 1 am partially 
deaf, I did not hear all he said, but remember distinctly, that 
one object of Rea was to have some individuals recommended 
by the inhabitants for the appointment of justices of the peace. 

SAMUEL DANFORTH. 
State of New-Hampshire, Coos ss. August 9; 1836. 
I"; Sworn to before me. 

JOHN P. HALE, Justice of the Peace. 



Deposition of John Harriman. 
I, John Harriman, of Stewartstown, in the county of Coos 
und state of New-Hampshire, depose and say, that 1 now live 
and for the last sixteen years have resided in said Stewarts- 
town, within about four miles of Indian Stream settlement, ex- 
cept about five or six years of the time which 1 have resided 
in Clarksville, a town yet nearer to said Indian Stream settle- 
ment. During said sixteen years I have been well acquaint- 
ed with the inhabitants of said Indian Stream territory, and for 
the greater part of the time resorted there altogether for the 
purposes of procuring my lumber sawed at the saw mill, and 
my grain ground at the grist mill, and occasionally for other 
purposes. During the whole of said period I never knew of 
the authority of the Province of Lower Canada, or of any au- 
thority except the state of New-Hampshire, exercising or at- 
tempting to exercise any jurisdiction there, until sometime \\) 



4-2 

the year 1835. I then beard, for the first time, lliat some in- 
dividuals be2;an to talk about the territory belonging to the ■ 
Province of Lower Canada. In the course of that year, in 
the month of September (I think) I understood, casually^ that 
there was to be a meeting in the territory for the purpose of 
nominating individuals to be recommended to the British au- 
thority for the appointment of magistrates. This meeting 
was to be holden on the Sabbath, and as 1 learned there was 
an adjourned meeting from one holden the day prefious. I 
went to attend said meeting from motives of curiosity solely, 
and uhen I arrived there, I found that the principal man of 
said meeting was one Alexander Rea, of the town of Here- 
ford, in the Province of Lower Canada. All the principal 
measures adopted or advocated^ were brought forward by this 
individual. I well remember that said Rea at said meetin? 
frequently assured the individuals there assembled in said 
meeting that they should be protected by the government of - 
Lower Canada against the encroachments of New-Hampshire, 
and he recommended to them to raise a committee to report 
to tlje government of Lower Canada, all the encroachments of 
New-Hampshire, as fast as they should occur, which was ac- 
cordingly done. I further depose aad sa}^ that during said 
time I have known the inhabitants of said Indian Stream ter- 
ritory frequently to resort to Stewartstown aforesaid for ihei 
purpose of being joined in marriage, but I have never known 
or lieard of said inhabitants, any or either of them, going to 
Canada or any other plaCe except New-Hampshire for tho 
purpose of being married. I fn'rther depose and say that I do! 
not know where the Ime, established by the committee of the 
N. H. Legislature in the year 1789 or 1 790 is, except by gen* 
eral reputation, which always has been that the line ex^ 
tended along the highlands dividing the waters of the Atlantic 
from the St. Lawrence, till the intersection of said highlands 
with the head of Hall's stream, and the jurisdiction of New- 
Hampshire has been considered and reputed as extending 
thus far. 

I am acquainted with the g^eneral repirtafion of said Alex-i 
tinder Rea, and have rtb hesitation in saying it is not good. 

JOHN HARRIMAN. 



Slate of New-Hampshire, Coos ss. Augusts, 1836, 
Sworn to before me. 

JOHN P. HALE, Justice of the Peace. 

I further depose and say, that in Aprif, 1836, I saw and 
had a conversation with one Flanders, the son of Zebulon 
Inlanders, of Hereford, Lower Canada. He h a young man 
of about eighteen or twenty years of age, and appeared to be 
a fair, can-did young man. He said he was at Alexander 
Rea's house the day in October last that Richard L Blanch- 
ard was rescued by a party from New-Hampshire, standing 
near Rea's house before said Rea was taken and carried to 
Canaan and when he came out of his house with Zacheu3 
Ciough^and Barnard Young-^^said Rea had received inform- 
ation tliat two men had come over the line from the United 
States and were not far from Rea's house, as sard Flanders 
informed me he understood. Rea said to Yonng and Clough 
"when I tell you hitch upon them"-^— meaning one Miles Hurf- 
hurt and E. C. Aldrich, who were then below said Rea's 
house. Rea passed hastily along, as said Flanders represent- 
ed, that Rea advanced upon Hurlburt and Aldi-Ich and they 
retreated several rods, he said Flanders being in sight of them 
at that time. 

When said Rea was at Parmelee h Joy's, at Canaan, 1 
heard a conversation between Alexander Rea and the said 
E. C. Aldrich. Said Aldrich said to Rea, " dont you take 
my horse again by the bridle when I am in the highway peace- 
ably." Rea answered, " that he had a right as ii was a riot.*' 
Aldrich said he thought not as it took more il:mn two by the 
bws to constitute a riot. Rea replied, it was approaching a 
hot, or something to that effect, which was all 1 heard upon 
the subject. JOHN HARRIMAN. 

State of New-Hampshire, Coos ss. August 8, 1630. 
Sworn to before me. 

JOHN P. HALE, Justice of the Peace, 



Deposition of JVathaniel Perkins. 
I, Mrathaniei Perkins of Indian Stream in the county of Co* 
OS and State of New Hapnpshirev depose and say, thy.t 1 have 



44 I 

lived where 1 now do twenty two year5, and during all tli 
time I never knewor heard of any other authority or goverr 
raent exercising or claiming to exercise any jurisdiction her 
except the State of New Hampshire till sometime in the yet 
1 S35, one Alexander Rea sent into the settlement, claimin 
that the territory belonged to Canada.. Sometime the last ( 
September or first of October last past said Alexander Re 
sent a letter to Jeremiah Tabor and several other inhabitani 
of Indian Stream, which letter was shown to me, although 
was not directed to me, requesting them to notily the inhab: 
lants that he should meet them at a sciiool house in the se 
llement on the then following Saturday at 4 o'clock P. ]Vj 
and also on the Sabbath following at another school bouse jj 
the settlement, at one o'clock P. M. if it was thought bes 
and that he would meet them and lay before them more core 
munications from iiis Government. I state tlie contents c 
this letter from recollection, not having it in my possessiot 
The meetings v;ere notified and holden accordingly and sail 
Kea attended and read some communications which he sai| 
were from Lord Gosford the Governer of Lower Canad 
through his private Secretary to JMr JMoore the Represent; 
tive of St. Francis, stating among other things that the ter 
lory was considered by the Government of Lower Cana 
belonging to them as much as any part of the District of 
Francis, and the inhabitants would be protected by said G 
ernment against the encroachments of New Hampshire or a 
other Government. He then suggested the propriety ofth] 
whole inhabitants, or a committee to be raised for that puf 
pose, signing a })aper thanking Lord Gosford for the notice h 
had taken of them and requesting further assistance ; he al: 
proposed that a committee be raised to report to the gover^ 
inentof Canada any encroachments which might be made u 
on them by the Slate of New Hampshire. He then mad 
remarks to the meeting of a similar character, assuring the in 
liabitanto of the protection of the Government of Canada. H 
.'dso proposed that a committee be appointed to nominate suit 
able individuals to be recommended for tlie appointment 
Justices of the Peace, which was done accordingly. 

After this meeiing was over, I had a conversation with sai 



45 

^ea iipon the subject, and warned liim against the Conrse ho 
Vas taking, begged him to desist, for Jie would only make dif- 
icuhy, tofd him the measure the Legislature of this State had 
aken to assert and maintain jurisdiction over the territory, to 
vhich he replied that the state of New Hampshire would not 
W so foolish as to interfere again after ivhai he had done. 

1 have no hesitation in giving it as my opinion that all tho 
lifficulties which have taken place in this neighborhood lor 
he last two years have arisen from the meddling and rnter- 
erino- officiousness of said Alexander Rea. 

NATM'L PERKINS. 

State of New t^ampshire, Coos ss. August JO, 183G.-^ 

5worn to before me. 

JOHN P. HALE, Justice of the Peace. 

Deposition of Horace Loomis. 
I, Horace Loomis of Golbrook in the county of Coos and 
5tate of New Hampshire depose and say that in the year of 
)ur Lord 1S25, I was appomted a Deputy of the Sheriff of 
aid county of Coos and that year or the one ensuing 1 had a 
vrit put into my hands against Clark I. Haynes, and about the 
;ame time two or three writs against Rufus JBrockway and 
dso one writ against John McConnell, all residents in In- 
iian Stream territory, and also divers writs against several oth- 
ers resident in said territoiy. All of which precepts I served, 
;ome by attaching property and some by arresting the body 
)f the defendant, and at no time nor on any occasion did i 
lear any objection made to the service of any or either of said 
-jrocesses by any one on occasion of any real or pretended 
:laim of the Governmont of Lower Canada or any British au- 
hority, to have any jurisdiction over said territory. And I 
further depose and say that [ continued to act as Deputy Sher- 
ff for said county until May, 1834, and during the whole 
:irae of my so being Deputy Sheriff as aforesaid, I occasionally 
from time to time served process in said territory or settle- 
aient as they were put into my hands and I never heard during 
ihe whole of said period any claim of the British authorities 
to have control or jurisdiction over said territory or gettlement. 



46 

I further depose and say, diat soaielittie in ilie year 1326 v 
1827 I had a writ against said Brockvvay and made a prisom 
of him, but he was rescued from me by some of the inhabitan 
of the settlement. I returned the writ to Court with a retut 
thereon stating the facts precisely as they tt>Gk place. Exi 
cution thereupon issued, was put into my hands for service ai^ 
I collected a sufficient force in the county, went into the t.e 
ritory and made service of the same by arresting said Broc 
•way and bringing him away and committing him tojail in La. 
caster in this county. I further depose and say that 1 ha' 
on other occasions ijiade service of executions on the inhab 
^nts of said territory hy attaching and sellin- personal pro 
erty. ^ 



, ,, „ HORACE LOOMIS. 

fetaie ol INew-Hampshn-e, Coos ss. October 7th, 183^ 
Then the said Horace Loomis personally appeared ani 
made oath that the above deposition by him subscribed is tru( 
Before me, IRA YOUNG, Justice of the Peace. 



Depontkn of Francis Wilson. 
I Francis Willson, ol Guildhall, in the county of Essex ao- 
state of Vermont, depose and say, that in the year ]82i 
was appointed a deputy of the sheriff of the county of Coo; 
ID the state of New-Hampshire, which office I continued i 
hold about peven years. I resided at Colebrook, in s^i 
county of Coos, for nearly three years immediately followin 
my said appomtment, and during said time I served variou 
processes on mhabitants of Indian Stream territory An 
during said time, I never heard of any claim to jurisdictio, 
over said territory or its inhabitants by any other power thai 
the state oi New-Hampshire. Many of the inhabitants of sai^ 
territory were reputed and considered to be a lawless set,od 
posed to the enforcement of any law, and the place at th^ 
lime from its remote situation was supposed to be a place q 
resort for those who found it inconvenient to reside in tha 
part ol the country where debts could be collected by leg3 
process, and the criminal law duly enforceti. 

FRANCIS WILLSON. 



4^ 

State of New-Hampshire, Coos ss. August 6, 1836, 
Sworn to before me. 

JOHN P. HALE, Justice of the Peace. 



Deposition of Hezekiah Parsons. 

I Hezekiah Parsons, of Colebrook in the county of Coos 
land state of New-Hampshire, one of the Justices of tlie Peace 
of said county, and late member of the New-Hampshire Le- 
gislature, do depose and say, that I have resided in this town 
about forty liye years and am well acquainted with the Indian 
Stream territory. Li the year 1S17 or IS 1 was deputy sher- 
iff in said county, and had j)recepts against persons residing in 
said territory, and 1 went tliere for the purpose of serving the 
same by attachment of property, but could not find such as I 
was directed to take. The territory was then, and had been 
deemed by most people as belonging to N. Hampshire. 1 re- 
roilectthatin ISO? I was a member* of the N. H. Legislature, and 
there was then a petition before said legislature praying the state 
to relinquish their claim to said territory, which was refused. 
Since the time I have referred to, in IS 17 or IS, I have often 
heard ofprec:!pts being served in tlie Indian stream territory, 
issued by the authorities in New-Hampshire and served by 
their officers. 

Some time about the year 1820, I was employed by the at- 
lorney general of the state to ascertain the lines and bounds ol 
certain settlers on the territory for the purposes of judicial 
process. In attending to this duty I was aided and assisted 
ijy the inhabitants of the territory. I recollect that the names 
of Mr. Higland and Mr. Fletcher weretw^o of the persons a- 
gainst whom process was instituted, who resided between the 
l:idiaa Stream and what is now called Connecticut river. 

HEZEKIAH PARSONS. 

State of Nevv-Hvmpshire, Coos ss. August 2, 1836. 

Then Hezekiah Parsons personally appeared and made 
oath that the above deposition by him signed is true. Before 
me, JOHN P. HALE, Justice of the Peace. 



43 

Deposition of Ira Young. 

i, ira Young, of Colebrook, in the county of Coos and 
slate of New-Hampshire, attornej and counsellor at law, de- 
pose and say, that in the year 1819 I opened an oflice at 
Colebrook, remained until 1S20 or 1821, when 1 removed 
to Bath, and in 1825 or 1826 returned again to Colebrook, 
where 1 have resided ever since. That occasionally ever 
since 1819, I have made writs and other processes against 
persons residing at Indian Stream, which have been served 
there by deputy sheriffs of Coos county, some of which have 
been settled and upon some I have obtained judgments in our 
court*. That from 1819 until within one or two years, I nev- 
er heard that the Canadian or British Government ever laid 
any claim to jurisdiction over said territory, or that any of the 
residents at Indian Stream claimed to be within their jurisdic- 
tion. The majority of the population there, during the most 
of that time, was composed of individuals who had gone there 
to avoid debts or being pressed for the payment of them, 
claiming at Indian Stream, sometimes to be within the state 
oi Vermont, sometimes in the state of JMaine> somedmes 
without any state, and to be in a territory belonging to the U- 
nited States, and solely under the jurisdiction of tl e United 
States and sometimes to be independent, as not being 
'^ ithin the territory of the United States or ot the Province or 
Provinces of the British government. In October 1831 j pre* 
ceedlngs were instituted, in which I was counsel, under our 
statute "to provide for the maintenance of bastard children," in 
the nameofone Melissa Thurston of said IndianStream against 
Moody Haynes of said Indian Stream, in vvhich the said Melis- 
sa charged the said JMoody Haynes of being the father of the 
child of which she was then pregnant^and that it was begotten 
in April 1831 at said Indian stream. The said Haynes was ar^ 
rested and bound over to appear at the court of CommonPleaS, 
Coos county, September term^ 1832, at which term Haynes 
appeared and pleaded to the jurisdiction of said court, because 
the cause of complaint, accrued to the said Melissa "at In* 
dian stream and on the west side of Connecticut river in the 
territory of Indian Stream," withoul the jurisdiction of the 
court, Uc. The complainant replied that the cause of com- 
plaint accrued within the county of Coos, within the jurisdic- 



49 



on of the court, he. The prosecution was pending until the 
old court of common pleas was abolished, and the present 
court established, and the jurisdiction of the present 
court of common pleas sustained, by the concurrence, as I un- 
derstood, of the Judges of the superior court, and before the 
term for which the prosecution stood for trial, the same was 
settled by the parties and dismissed. The plea to the juris- 
diction was overruled, on the ground that years before, the 
question had been settled in the superior court sustaining the 
j urlsdiction. IRA YOUNG. 

State of New-Hampshire, Coos ss. August 6, 1836. 
Sworn to before me, 

JOHN P. HALE, Justice of the Peace. 

Deposition of William M. Smith, 
I VVilliam M. Smith, of Stewartstown, in the county of Coos 
and state of New-Hampshire, depose and say, that on the 26th 
day of June A. D. 1834, 1 was duly appointed a deputy sher- 
iff of said county by John H. White, Esq. sheriff of said county, 
that ii bout the last of September or the first October A. D. 
1835, a writ in favor of William Buckminster of Danville Vt. 
against John H. Tyler of Indian stream, in said county of 
Coos, was delivered tome. I accordingly went to the resi- 
dence of said Tyler for the purpose of making service of said 
writ, having previously procured Richard J. J31anchard and 
John Milton Harvey to go with rne, both because I ci j not 
know said Tylei- when I saw him, and al50 because I had heard 
that there hsd been some difficulties at the place, and some 
of the inhabitants had threatened resistance to any officer who 
should attempt to serve process there. I, went to said Tyler's 
dwelling house first, and not finding him at home I proceeded 
lartlier to a farm where said Tyler was at work, and arrested 
him by virtue of said writ, having previously requested him to 
show me property, which he declined doing. As I was pro- 
ceeding with said Tyler in tny custody, we were met by Emor 
Applebee and two of his sons, Alanson Cummings, and a 
man by the name of Tyler, whose christian name I do not 
know, Jonathan C L. Knights and two more whose namei 
4 



50 

I do not know, all stopped by the side of the road where I 
must necessarily pass with Tyler. At the request of Tyler 
my prisoner I also stopped where these men were, and 1 was 
very soon told I must go no further with said Tyler, and after 
being told by all or most of the party that Tyler should be car-- 
ried no farther by me, and that they would protect him from 
me even at the cost of their lives, I was, upon attempting tq 
take said Tyler along with me, forcibly prevented by said 
Emor Applebee, who interposed himself between me and my 
prisoner, aided and countenanced as aforesaid by the compa- 
ny with him as aforesaid, and thereupon I left them, and made 
u return of said writ to the court when and where the same 
was returnable, with a return of my doings on the same, stat- 
ing the facts precisely as they occurred. Immediately after 
said Tyler was rescued from me in the manner above related, 
I informed John H. White, Esq. sheriff of said county, of all 
the facts, and by his advice, I offered a reward of five dollars 
for the apprehension of said Tyler, and delivery to me or to 
the Lancaster jail, by an advertisement. Not long after this, 
I heard that said Blanchard had been taken from his home by 
some people from Canada, and that they were then carrying 
him to Canada. This report was generally spread through 
the neighborhood and produced great excitement and indigna- 
tion, and a pretty general turn-out of the citizens for his rescue. 
I among the number turned out, and so far as I could learn 
or understand the feeling of those who came out, there was a 
settled and inflexible determination to rescue said Blanchard 
at even the extremest hazard. When I arrived at the store 
of Parmelly and Joy in Canaan, Vermont, not being armed 
myself, I gave up my horse to an individual who was armed. ^ 
who proceeded immediately towards Canada in the direction 
that those who had Blanchard in custody must necessarily 
pass. In about an hour afier I had thus given up my horse, 
the party returned with said Blanchard. Some one then re-? 
marked to me that said John H. Tyler was with the party who 
had said Blanchard in custody, and that if I had been with 
them I might have retaken him. Some one then asked me 
for an advertisement of said Tyler, but 1 had none with me. 
but had one written immediately, which they took, and a party 



^&m started from die store of Parmelly &l Joy for Canada for 
• Ike pui-pose of retaking fcaid Tyler as tbey stated, 1 did not 
liear Alexander Rea's name mentioned in connexion witluhis 
party going to Canada, until after they returned with hira in 
their custody, said Tyler being die soje object of pursuit. The 
individual to whom I gave the advertisement was Capt. James 
Mooney. 

W?.i. M. SMITH. 
State of New-Hampshire, Coos ss, August 3, 1836. 
Sworn to before me. 

JOHN P. HALE, Justice of the Peace. 

Deposition of Milton Harvey, 
I Milton Harvey, of Colebrook, in the county of Coos and 
state of New.-Harapshire, depose and say, that in April J 833 
I was appointed by John H. White, Esq. a deputy sheriff for 
the <iounty of Coos. That in J 834 1 served a warrant in In- 
dian stream territory on a person residing there, by the name 
of Purrill for an offence alleged to have been committed there, 
liroiight h\m to Colebrook for examination. No resistance 
vvas made, I went there in 1835 to serve several writs on 
inhabitants of sasd territory. It was in February or March 
of that year. Resistance was then made to my serving writs 
hy attaching property. The persons against whom I had pro- 
cess and others accompanying them claimed to be indepen- 
dent, to be an independent government not belonging to the 
governments of Great Britain or the United Slates, indepen- 
dent of either until the line was setlted. I was in company 
with Williain M. Smith when hs arrested John H. Tyler and 
v/lien said Tyler was rescued from his custody by a number of 
the inhabitants of Indian stream territory, they then claiming 
to belong and that Indian st,rean3 territory belonged to the Pro- 
vince of Lower Canada, I have no recollection of ever hav- 
ing heard before that, that said inhabitants claimed to belong 
to the province of Lower Canada, or that the Canadian peo- : 
pie or government claimed any jurisdiction over said territory 
and inhabitants, in October last,: when Richard I, Blanchard 
was taken and carried from Indiim stream settlement by a par- 



52 

ty of Canadians and others, I went In compao}^ wiih Ephriiim- 
H. Mahurln and others, for the purpose ol" rescuing said Blan- 
chard. He was rescued and brought back to Canaan corner^ 
V^t. The carrying away said Blanchard was considered a 
very great outrage, and the people collected for his rescue were 
very indignant and very considerably excited, and expressed 
a determination to rescue liini if possible. After our'return to 
Partneily fc Joy's in Canaan, a party started from there to go 
and take John H. Tyler, who had been arrested by William 
M. Smith, and rescued as 1 have before stated. Smith offer- 
ed five dollars reward for his apprehension and delivery to 
him. 1 did not hear the name of Alexander Rea mentioned 
in connection with said party going to Canada, nor did I hear 
any reward offered by -any individual for bringing said Rea^ 
out, nor did 1 hear any wish or intention expressed that said 
Rea should be brought out, nor did I know of mw such in- 
tention, nor do I believe any existed at tlie time said parly 
started after said Tyler. I left Canaan before said party re- 
turned. 

MILTON HARVEY. 

Coos, ss. August 8, 1836. Personally appearing Miltonr 
Harvey, and made solemn oath that the above deposition by 
him subscribed is true. Before me, 

Jr; ^ IRA YOUNG, Justice of the Peace. 



Deposition oj Richard I. Blanchard. 
I Richard I. Blanchard, of Indian Stream, in the county 
of Coos and state of New-Hamp&hlre, depose and say, that 
about the twelfth day of October, A. D. 1835, William J\J. 
Smith, a deputy sheriff of Coos county, came to me and told 
me he had a writ against John H. Tyler of this place, and he 
did not know the man, and he wanted me to go with him and 
show him said Tyler, which I accordingly did. Soon after 
this, to wit, on the 22nd day of the sfime October, Zebulon 
Flanders, Zaccheus Clough and John H. Tyler cam-e to my 
house armed with one musket between them and told met-hey 
had a warrant against me. I asked them by what authority^ 
They answered " the King's." I asked said Clough who ap- 



geared t© be the chief man of the party, if he would read said 
warrant to me and he replied yes, and attempted to read it, 
feut was unable to do it, and 1 asked him to let me have it, 
and he did hand it to me, but before I had read it, said 
Flanders took it framrae, and the pjirty staa'ted with me, and 
vyere occasionally joined by others, so that by the time 1 was 
rescued, the party 'having cusfiody of me timounted to twelve 
or lifteeD. VV^hen I was within about a mile of the house of 
Alexander Rea, to which place I understood they were con- 
veying; me, we were met by a party of about eight men from 
New-'kampshire on horseback, all or most of them armed, 
and they demanded ray rekas« from the -party having cus- 
tody of me, which was refused, but after some further talk, 
the party from New-Hampshire resolutely demanding my re- 
lease, I was ai len2;th released, without any force being used 
on either side, and I went wiiii the party down to the store of 
Parmelly & Joy in Canaan, Vermont. 

i am a deputy of the sheriff of Coos ^'ounty and was at 
the time of my said abduction. I have hved at this place about 
§fteen years, and never knew or heard of the British govern- 
ment exercising or claiming to exercise any jurisdiction here 
till some time last year, when Alexander Rea began to claim 
That the territory belonged to Canada, and on thatgroimd be- 
2-an sendins; his warrants into the settlement. 
*' RICHARD L BLANCH ARD. 

State of New-Hampshire, Coos ss. August U, i836. 
Sworn to before me. 

JOHN P. HALE, Justice of the Peace. 



Deposition of Miles Hurlburt. 
I Miles Hurlburt, ofColebrook, in the county of Coos and 
state of New-FIcimpshire, depose and say, that some time in 
!l«e month of October A. D. 1835, Clark J. Haynes of In- 
dian stream, came to my house in Clarksville, where I then 
[wed, and told me that some of the Canadians had been over 
and taken Richard I. Blanchard, and were carrying him to 
Canada, and he wanted me to take my gun with me and go 
snd help rescue him from them. Stid Haynes then went on 



b4 

iowards Colek'oofc village, as I tmderstood fj?om him a( tlisf 
lime, for the purpose of notifying the citizens on the road of 
ibe outrage thatfead been committed in the abduction of one 
of oiif citizens. I immediately started, taking with me my 
gunv powder and balls, and I wHrS joined hy Joseph P. Wis-^ 
welt and John Harriman who were oa^ horseback aad both 
armed as I think with horseman's pistols. 

We all three proceeded to ihe house of Eben-ezer FletGhei* 
in Indian stream, and immediately bef&re we arrived there 
we were joined hj Joseph Wiswell, Esq. and wh-en we ar- 
rived at said Fletcher's,, we found there Ephraim Aldrich, Ol- 
iver Washburn^ and a- son of said Richard I. BiaFielKird,^ 
whose name I do not ki^ipDvv, being a lad about fsurtleen years 
of age, who had been enrployed in alai-ming the neighborhood 
and requesting them to turn mvi and rescue his father, and a 
ftumbei' of others v^hose oam'es 1 do not now recollect. There 
were about six of us who went &om aaid Fletcher's, and we 
proceeded abotit focr or f;ve miles to the house of John Par- 
ker in Indian stream, where we stopped and consulted what 
was best to do. We then and there concluded to send our 
arms back to said Ebenezer Fletcher's, which we did, by Jo- 
seph Wiswell, Esq. who took tbem all, assisted by two or three 
others who v^ent back with him. We then^ viz. Oliver Wash- 
bum, Ephraim Aldrich,. John Haj-riman, Joseph P. Wiswell, 
Blanehard's young son beforementioned, and myself^ v;ent on 
to the house of Barnard Young in Hereford,, where we found 
said Blanchard in the custody of said Young, at his house 
taking dinner. The party at said Yoang's who- had the cus- 
tody of said Blaiachard consisted of said Barnard Youngs 
Zaccheus Clough, Zebulon Flanders, a Mr. Prouiy whose 
christian name 1 do not know, David Smith, and several oth- 
ers whose names I tlo not know, amounting in tiie whole to 
about twelve. We concluded that we were not then strong, 
enough to rescue s-aid Blanchard- After the party had fin- 
ished taking dinner, we asked and obtained liberty to speak 
widi said Blanchard, and then suggested to him that if he had 
a mind to attempt his escape we would interpose and endeav- 
or to prevent the Canadian party from making pursuit after 
him; but he thought as the Canadian party was then so much 



,^5 

the strongest, it would be of no use lo attempt an escape, for 
that it would be fruitless, and so the idea was abandoned. 

The party having Blanchard, then proceeded on their way, 
Wliile we tarried behind feigning that we di,d not intend to pro- 
ceed any farther, though at the same time we had determined 
to go around another way from the one which they travelled, 
and intercept them before they reached the house of one Al- 
exander Rea, where we understood from said party, they were 
carrying said Blanchard ; provided we were fortunate enough 
to be joined by a force from New-Hampshire strong enough 
to make our interference effectual. We were met before we 
got to, Canaan corner (which lay upon the rout we were tak- 
ing) by Ephraim H. Mahurin and Hiram A. Fletcher, Esqs. 
who both joined our party, and soon after by many more, and 
when we arrived at Canaan corner I should judge there were 
nearly one Iiundred men assembled, most of them armed, this 
beins; at the store of Parmellv 8i Jov. There were about ei2:ht 
of us who started (vom the store of Parmelly & Joy to go after 
Blanchard, all on horseback and all armed. This party con- 
sisted of Ephraim H. Mahurin, John Milton Harvey, Joseph 
P. VViswell, James Minor Hilliard, Horatio Tuttle, Thomas 
B. Blodget, Samuel Weeks jr. and myself. There were ma- 
ny more who had started and were close at hand, and others 
who had gone round another way by the Jiouse of said Rea. 
When we came up with the party who had said Blanchard in 
possession, James M. Hilliard rode up to them first and I did 
not hear precisely what he said, but understood at the time 
that he demanded of them to give up Blanchard, which they 
declined doing, we all then rode up and commanded them to 
stand. This order was given by Ephraim IL Mahurin or Ho- 
ratio Tuttle, I cannot say which. At this, most of the party 
stopped, but some of them appeared to be moving towards the 
woods, when said Horatio Tuttle said, "stand, or God damn 
you ril blow you througlu'' They then all stopped and Mr. 
Maiiurin dismounted and went among the party for the pur- 
pose of inducing them by persuasion to release Blanchard, 
which they deiclined doing, Mr. Prouty keeping his arm lock- 
ed in Blanchard's. After some further conversation between 
the two parties, we demanding Blanchard, and they refusing 



66 



to give him up, Mr. Mahtirin went up to him and told him to 
get on to his horse, which he did, Proutj keepin- his hold of 
]im tiJi he put his foot in the stirrup to mount Mr. Mahurin's 
iiorse, and then we all went off with said Blanchard down to 
Canaan corner in Vermont, at the store of Parmelly &i Joy. 
V\hiie we were at the store of Parmelly k Joy in Canaan, 
something was said by some one about retaking from Canada 
one John H. Tyler who bad previously been arrested by one 
Wjlliam Smith a deputy sheriff of Coos county, and rescued 
from him by some of the inhabitants of Iiidian'stream, and for 
whose apprehension said Smith had offered a reward of five 
dollars by advertisement, which advertisement was then shown 
to me by said Smith. Ephraim C. Aldrich and myself then 
started for Canada, having with us said advertisement, and 
honestly supposing that we had an undoubted right to retake 
said Tyler, such being; the state of the facts, in any place where 
we might find him. We had not at that time the most remote 
idea of meddling wither molesting Alexander Rea or anyoth- 
ei- mdividualvvhomsoever except said John H. Tyler. Said 
Tyler was one of the party, as upon reflection I now remem- 
ber, who had said Blanchard in custody when we rescued 
him. When we had got over the dividing line between the 
Lnited States and Canada, and about in ^ight of Alexander 
Keas house, we met John Parker comiug from the direction 
oi said Rea s house towards Canaan. corner. Said Parker 
stopped of his own accord and entered into a conversation 
with said Aldrich, not the least force being used, or threaten- 
ed by any one. While said Aldrich and said Parker were 
thus peaceably talking, I saw Alexander Rea coming towards 
us as as fast as he could come, hallooing and bellowing in the 
most boisterous manner imaginable, more like a madnian en- 
raged, than any reasonable being, commanding us to be off the 
Kings highway, and the next moment to be off his grounds. 
Seeing him come upon us in this manner, and accompanied 
by about twelve or fourteen men whom he was calling upon 
toniakepnsonersof Aldrich and myself, 1 requested Elisha 
A. Ijrrel who had just joined us to ride back till he met oth- 
ers of our party and ask ihem to come on. I then presented 
my pistol to said Rea and told Inm to keep his proper distance. 



for I shoukl not be taken by him, for if he came any nearer he 
should take tiie contents of my pistok Said Aldriclilhen spoke 
and said to Mr. Rea, " I shonkl advise you not to go any far- 
ther for he may hurt you." Hea then turned towards said Al- 
drich and ordered Barnard Young to take said Akirich's horse 
by the bridle, and upon Young and Rea attempting to take 
Aklrich he defended himself with his sword. Immediately 
upon this Rea and the party with him commenced throwing 
stones as rapidly and as violently as possible, two of wdiich hit 
me with great force, when I discharged the pistol which I had 
with me, and not before, at the assailants. In firing my pistol 
I did not aim at any one in particular, and did not think of 
hitting any one, but I did it more for the purpose of frighten- 

i ing tliem. About this time there were thirty or forty more oi 

I the party which 1 left at Parmelly & Joy's store, came in 
sight, when said Rea'and those with him immediately took to 
flight, Rea running for the woods and Aklrich alter him. 
When I came up with Aklrich and Rea, Aldrich had Rea 
down. Aldrich having one hand hold of the collar of Rea's 
coat, antl one hand tiold of the hilt of his sword, and Rea hav- 
ing hold with both his hands of the blade of Aldrich's sword, 

I with the point of it stickinginto the ground, and Aldrich was 
kicking Rea in the side. When I came up Rea was saying 

[ *J I surrender," and Aldrich replied, "then God damn 
you let go the sword and 1 will let you alone." 
Dr. Tirrei at the same time came up and remarked to 
Aldricli, -'he says he surrenders, why dont you let him 
get up," Aldrich aga.in replied, 'Mf he will let go the sword 
iwill." And Dr. Tirrell remarked to Rea *^ if you will let 
go the sword I will guaranty that Aldrich will not hurt you, 
whereupon Rea let go the sword and Aldrich let him get up, 
and we took him and put him into the wagon and carried him 
down to the store of Parmelly &i Joy in Vermont. While this 
skirmish was carried on, I heard four or five guns fired, ouo 
of which I fired as before stated. Who fired the others I can- 
not tell, for J do not know- 1 have hsard it Was staled by said 
Alexander Rea and some others that said Aldi'ich and niyseii' 
slopped one or more people in the road before he came up to 
us in the manner before stated. 1 now upon due redectioi; 



solemnly depose and say that we did not stop or attenipt Id 

stop any one by word or deed, or threat of any kind, until wS 

were assaulted by Alexander Rea and the party with him ill' 

the manner above stated. MILES HURLBURT. ■ 

^ate of New-Hampshire. Coos ss. August 5, 1836i -^ * 

Sworn to before me "^" - ••• ^- • 

JOHN P. HALE, Justich^d^Peit^^ • 



Deposition of Epkraim C. j^IdricJu 
1, Ephraim C. Aldrich, of Indian Stream, depose and say^^ 
that about the 22d day of October A. D. 1835, 1 was inform- 
ed that a })arty Irom Canada had been over tlie line and ta- 
ken Ricliard L Blanchard, one of our citizens, and were car*' 
rying him. to Canada ; upon this, I turned out for the purpose'- 
of rescuing him, as did the inhabitants of this place and tlie- 
neighboring towns generally. 1 was not with the party who 
rescued said Blanchard, having gone on the same pur})ose in 
another direction. After said Blanchard was rescued and' 
brought back lo the store of Purmelee and Joy, in Canaan^ 
Vermont, i\iiles Hurlburt and njyself left said store and started- 
for Canada, for the purpose of retaking one John H. Tyler/ 
who had previously been arrested by one William M. Smithy 
a deputy sheriff of Coos county, and rescued from him by a 
mob at Indian Stream. At the time we thus started after said 
1'y'^^ ^^"6 J^^^<J ^^'it'* "s an advertisen)em of said Smith for saidi 
lyler, and we supposed we had an undoubted right to retake 
said Tyler wherever we might find him. We had not the 
most remote idea of taking Alexander Rea, or any one else 
except said Tyler, nor in any way molesting or meddling with 
them. When w^e had got into Canada and were peaceably 
talking with one John Parker, not having offered, or threat^ 
ened, or intended any violence, by action, word or gestui*e) 
we were violently assaulted by said Alexander Rea in the 
jHanner testified by iVIiles Hurlburt. Rea and Young both 
came to me, took my horse by the bridle, and attempted to 
make a prisoner of me. After commanding them to let me 
alone and let go my horse, which they would not do, 1 drevr 
my sword and struck Young with it., and immediately there- 



5d 

upon said Alexander Rea threw at me a large stone Weighing 
as I should judge eight or ten pounds, which hit me on the 
[head near rnj right eye and broke the bone at the corner of 
Imy eye. 

I Ii has been stated and sworn by said Alexander Rea and 
some others, as lam informed, that said Hurlburtand myself 
stopped some people in the road before said Rea came up to 
jiis as aforesaid. 1 solemnly depose and say, that said state- 
iinent, by whomsoever it is made, is absolutely and totally 
ifalse in every particular. We stopped no one, nor did we at- 
tempt or intend to stop any one, till we were assaulted by said 
Rea and Young as aforesaid* 

E. C. ALDRtCH. 

State of New-Hampshire, Coos ss. August 11, 1830* 

Sworn to before me, 

JOHN P. HALE, Justice of the Peace. 



Deposition of James M. lliWarcL 
i, James j\I. Hilliard, of Colebrook, in the county of Coos, 
and state of New-Hanjpshire, husbandman, depose and say, 
that sometime about the last of October A. D. 1835, Asa Par- 
ker of Indian Stream settlement came to my house and in- 
formed me that Richard I. Blanchard, of said Indian Stream 
settlement, had that morning been taken from his house, by 
some people from Canada, and that they were then conveying 
him said Blanchard to Sherbrook in said Cauada, and that he 
wanted me to go and help release said Blanchard. 1 at first 
declined, but after he left 1 concluded to go, got my horse 
and started in company with Samuel Weeks, Ji*. of said Cole- 
brook, Horatio Tuttle of said Colebrook, and I^uther Parker 
of Indian Stream. After proceeding about two miles we 
were joined by Thomas B. Blodget and Thomas Piper, both 
of Stewartstown, in said county of Coos. We all proceeded 
together to Canaan in Vermont, to the store of Parmelee and 
Joy, where we tarried a short time, and said Thomas B. Blod- 
get rode on towards Indian Stream and in a few minutes le- 
turned in company with John M. Harvey and told us that the 
Canadians had Blanchard in their custody and were to pass 



Go 

over Hereford liill about two miles distant from the store vvher 
we tlien were, and that we should probably meet them at th 
hill if we rode there immediately. Said Blodget rode by tc 
wards Hereford hill without making any stop at tlie store, an 
called upon us to follow him, and myself, said Samuel Week 
Jr., Thomas Piper, Horatio Tuttle and Ephraim H. Mahuri 
ibilowed after said Blodget. When we came up with the pai 
\y who had possession of said Blanchard, I was in advance 
nie party a (ew rods, and rode up to those who had the custc 
(ly of said Blancliard and asked them if they had not gc 
Blanchard our sheriff; one of the party answered that the! 
had, they had a warrant against him as one of the King's sub 
jecls. I answered that that was not the case, he was a citi 
zenof this state, and that they had no right with him. The 
replied that he was taken by them on the soil of Canada. T 
which they were answered that he w^as taken from our state 
that he was one of our ofiicers, that they had nothing to d 
with him, and they must give him up. They replied that the; 
should not give him up.- I told them he must be given u 
peaceably or we should take him. Epliraim H. Mahurin the 
told thefo that we did not wish for any difficulty or disturb! 
ance, but we must have their prisoner, and thereupon dis 
mounted and went along to Blanchard, took hold of him an< 
told him to get on to his (Mahurin's) horse, at the same tim 
leading him along to his horse, the Canadians holding on t< 
iiim till he got to the horse, when they let go their hold, an( 
Blanchard mounted the horse and rode off. Our party ha< 
previously been joined by i\Iiles Hurlburt and Joseph P. Wis 
well, but Luther Parker had not gone with us farther than th< 
store of Parmelee ^ Joy. This was all the violence that wa; 
offered or threateijed to any of the party who had the custods 
of Blanchard, except some threats made use of by one Horaj 
tio Tuttle, whicli- were promptly discountenanced by said E 
H. IMahurin and myself, the remainder of the party saying 
iiotliing. We then returned ro the store of Parmelee h .]oy 
wit!) said Blanchard. After \vq had been at the store of saic 
Parmelee ^ Joy al)out an hour or an hour and a half, it wai 
proposed by some one to go over on to the Canadian side anc 
take one Tyler, who had previously 'been arrested by one 



CI 

If: 



iVilliam M. Smiib, a deputy sherifFof Coos county, and^liad 
viiade bis escape into Canada^ a reward having been olfered 
,br bis apprehension by said William M- Smiib, by advertise- 
'■ uent. To tbis proposition, I replied that tbey bad better not 
,f„^o, Mr. Mahurin having left the store for big bomepreviousrl} , 
opnd I tried all I could to persuade tbem not to go, but tbey 
oiivent, and after having been absent about an hour they retufn- 
Jed bringing with ihemj not said Tyler, but one Alexandci' 
ikea. There were none who went on tliis. last expedition al- 
ler Tvler, and returned with Pvea, that were with us when we 
Jook Blaneliard except Miles Hurlburt and Joseph P. Wiswcli. 

I further depose and say that 1 never heard Rea's ndme men- 
p-{ioned in connexion with this party going into Canada till al- 
I ter tbey returned with him in their- possession, Tyler being as 
,, understood, the sole object of ,wn,iu ^ ^^^ hILLIARD. 

I Stale of Ne«--Hampsbii-e, Coos ss. August !, 1836. 
en Then said James Jl. Hiliiaid personally appeared and 
made oaUi that llie above deposition by him subscribed is true. 

Before me, , . - , n 

JOHN P. HALE, Justice of the Peace. 

Deposition of Joslah Parmelhj. 
1 Josiaii Parmelly of Canaan in the county of Essex and 
state of Vermont depose and say that some lime m October;.. 
D. 1835, there was a large party assembled m my store 
in said Canaan, who bad, as I understood been over to 
Canada and rescued one Richard 1. Blaneliard irom the Ca- 
nadians who had taken him from Indian stream. Alter tbey 
had been here some time, it was proposed by someone to go 
'and retake one John H. Tyler from Canada who had pi-evi- 
onsly been arrested by one William Smnh a deputy sherd: oi 
Coos county, and rescued from said Smith by some o the ,n^ 
liabitants of Canada or Indian stream. 1 understood that said 
Smith bad offered a Cfward of five dollars tor the apprehen- 
sion of said Tyler. •Accordingly said party started. I iur- 
ther depose and say that the name ol Alexander Rea or of 
any other individual except said John H.Tyler was not men- 



m 

lioiied by any one till after they returned, having said Alex- 
ander Kea in custody, said Tyler being the sole object o 
their pursuit. 1 made no offer of any reward for the taking 
of said Rea, nor did I hear any one else offer any reward foi 
him, nor did I liear his name mentioned till after said Rea was 
brought here. 

1 further depose and say that 1 am well acquainted with Al- 
exander James McKirjion of said Canaan, tailor, and that his 
reputation lor truth is notoriously bad. 

JOSIAH PARMELE. 
Stale of New-Hampshire, CooSj ss. August 4, 183G. 
Sworn to before me. 

JOHN P. HALE, Justice of the Peace, 



Deposition of James Moonty. 

I James Mooney, of Stewartstown in the county of Coo§ 
and state of New-Hampshire depose and say, that in the year 
1835 I was Captain of the sixth company of the 24th regi^j 
!Tient of militia, and continued to hpld said office till June of 
the present year, and had conimand of the detachment of said 
regiment stationed at Indian stream territory in November 
1835, which detachment there continued till February 18, 
183G. On the twenty first day of October A. D. 1S3-5 Clark 
J. Haynes came to my house and notified me that a mob from 
Canada iiad been over the line and had taken Richard I. Blan^, 
chard, a deputy sheriff of said county of Coos, and were then 
carrying him to Canada, and "that sdi.d Blanchard wanted me 
to raise a force and rescue hitn. 

1 asked said Haines if he knew ihe number of those who 
had Blanchard. He replied, he did not, I then told said 
Haines that I was not the proper authority to apply to, but as 
Col. Young, commander of the regiment was absent and the 
Lieut. Col. was fifty or sixty miles distant, I would raise Vv4iat 
force I could and risk the responsibility of rescuing said Blan 
chard. The news of the abduction of said Blanchard excit- 
ed very general indignation through the neighborhood, and I 
s^nt word to those residing in iny neighborhood to turn out, 
said Haines went on to Colebrook to notify the inhabitants 



63 

there, and request ihem lo turn out. There was accord iiigly 
a very general turn out, and a strong determination expressed 
to rescue said Blanchard at every hazard. 1 was not present 
when said Blanchard was rescued, but I first saw him at the 
store of Parmele &: Joy, in Canaan, Vermont, or that im- 
mediate vicinity. After we had been some time at said 
store, there was some talk about going into Canada again and 
retaking one John II. Tyler who was said to have been previ- 
ously arrested by one VVilliam M. Smith, a deputy sheriff of 
said county of Cqos, and rescued from him by a mob from 
Indian stream. There was also an advertisement of said 
Smith shown at the titne, offering a reward of five dollars for 
the apprehension of said Ty|t;r. Accordingly different parties 
left the said store and went to Canada after said Tyler. There 
was no other object that I heard or thought ol, named by 'any 
of those who then went into Canada except the apprehension 
of said Tyler. The idea of taking Alexander Rea or any one 
else except said Tyler w-as not, to my knowledge, suggested 
or thought of. I was not with the party that took said Kea; 
but when I arrived there, I saw him travelling as fast as he 
well could towards the woods and Ephraim C Aid rich pur- 
sued him. He was brought from the woods and put into a 
wagon and brought down to Canaan corner, in Vermont. I 
was not at this time in the employ of the state, nor in the ex- 
ercise of any military command. 

The only times when 1 ever exercised any military comnmnd 
in my life, except at our annual company trainings and regimen- 
tal musters, were from the 4th to the 6th of Aug. A. D. 1335, 
both inclusive, having been ordered to rendezvous with my 
company at Stev/artstpvv^n for the purpose of rendering to John 
H.White, esq. sheriff of said county, such assistance as might be 
necessary to enable him to serve process in Indian stream ter- 
ritory, our ofHcers having been of late resisted there, and more 
serious resistance htiving been threatened after the interfer- 
ence of Alexander Rea. The other occasion subsequent to 
Lhe abduction of said Blanchard, and also subsequent to the 
time said Rea was brought to Vermont in the ^manner above 
related, when I was stationed at said 'Indian stream in com- 
•nand of a detachment of the 24th N.'H. militia as before stat- 



64 

(!l\. I have lived in Stewarlstown about fifteen years, and nev'i 
er knew or heard of any other authority claiming to have ju-1 
risdiction over Indian stream territory except the state of N.Hi 
till after I understood that some time in the year 1835 one Al- 
exander Rea had been claiming the territory as belonging tc 
Lower Canada* 

JAJNIES MOONEY. 

State of New-liampshirCj Coos ss. -August 8, lSo6. 
Sworn to before me, i 

JOHN P. HALE, Justice of the Peace. 



. Deposition of James M. Jewett. 

i James Tvl. Jewett, of Colebrook, in the county of Coos 
and state of New-Hampshire depose and say, that sometime 
in October 1835, information was given at Colebrook thati 
Richard I. Blanchard, deputy sheriff for Coos county, had been j 
taken by a party from Canada, and they were conveying hinr 
to Sherbrook. On receiving this information, T started with a 
number of individuals armed, Hiram A. Fletcher, Esq. being 
one of tliem, to go and rescne said Blanchard. On arriving 
at Canaan, Vt. a number of persons had arrived for the same 
purpose, and more were coming in every moment. They were 
all indignant at the outrage, and expressed a determination to 
retake Blanchard if they had to pursue him to Sherbrook. I 
(lid not go from Canaan with the party, but remained there 
until they returned with Blanchard, at which time a great 
number of people had arrived and more were coming in. 

Some of the party that rescued Blanchard, on their return 
saw William M. Smith and told him if he had been with iheni 
he might have retaken his prisoner, Tyler. I had understood 
that said Smith had some time before arrested said Tyler at 
Indian stream, and he had been rescued o'jt of his custody* 
Smith in answer said, if any one would take and bring said 
Tyler to him he would give five dollars. I was informed that 
an advertisement was made by said Smith for said Tyler, and 
a party started after Tyler» 

I did not hear any one offer any thing as a rew^ard for bring- 
ing Alex. Rea from Canada, nor did 1 hear any person men- 



05 

lion nny wish or intention to go after said Rca, nor do I believe 
that any of the party thought of it. I did not hear his name men- 
tioned in connection with the party going after Tyler, but the^ 
sole object that I heard mentioned, or that I thought of, was 
their going after said Tyler. 

Wlien the party returned, having said Rea in custody, great 
surprise and regret was expressed by the people there that 
said Rea had been taken and brought there, knowing that they 
had no right so to do ; and Irliram A. Fletcher, with whom I 
was in company, on being applied to, to make out some papers 
to detain said Rea, declining having any thing to do with it, 
told them they had done wrong, had gone too far, and diat 
they had no right to take Rea, or detain him, and 
liiey had better get out of the scrape the best theycould ; soon 
after which said Fletcher and myself left for home. 

JAMES M. JEWETT. 

Goos ss. August 5, 1836. Personally appearing James M. 
Jewett and made solemn oath that the foregoing deposition by 
him signed is true. Before me 

IRA YOUNG, Justice of the Peace. 



Deposition of Hiram A. Fletcher. 

I Hiram A. Fletcher, of Golebrook, in the county of Coos 
and state of New-Hampshire, counsellor at law, depose and 
say, that sometime in the latter part of October, A. D. 1835, 
one Clark J. Haynes of Indian stream came to Golebrook 
where I then and now reside, and informed, that Richard I. 
Blanchard of Indian stream, a deputy sheriff, had been arrest- 
ed on a Bench warrant, or a warrant issued by Alexander 
Rea of Hereford in the Province of Lower Canada, Esquire, 
and that the officer and his assistants were taking him to Sher- 
brook or some other place in the Province for trial, for hav- 
ing received the appointment of, and assuming to act as, a de- 
puty sheriirat Indian stream, under John H. White, Esquire, 
sheriff of said county of Goos. 

Said Haynes told me and others, that notice had been given 
in Glarksville and Stewartstownof the arrest of said Blanchard 
and that a great many had gone to rescue him, and that his 
object in coming to Golebrook was to give this information. 
5 



6& 

I used my endeavors to raise a party to join m f!ie pursuit 
Ephraim H. Mahiirin, Esq. Milton Harvey a deputy sheriff,- 
James M. Jewett, Horatio Tuttle and I, immediately started 
off. We were all armed and supplied with ammunition. Said 
Mahurin carried a double barrelled gun, Harvey a h^rse pis- 
tol, Jewett a brace of pisto-ls, Tuttle a musket and bayonet, 
and 1 a rifle. We went up the river road through Stewarts- 
town, crossed the bridge near Canaan corner, Vermont, and 
then took the road leading to Indian stream, supposing, that 
by so doing we should meet the party having Blanchard ir> 
custody before they could gel over Canada line with hjm, but 
after we had got on about half a mile, we met a number of me» 
from Clarksville and Indian stream, mo»t o-r all of them on foot 
without fire-arms, running very fast, who informed us that they 
had come up with Blanchard, but could not rescue him, as the 
party having bim in custody was about their number and arm- 
ed ; that they bad crossed Hall's stream with hini, and were 
proceeding on towards Esquire Rea's as fast as possible; and 
!hat the only way he could be retaken would be by going back 
to Canaan corner and taking a road which intersects with the 
road they would travel in going from Hall's stream to Mr. 
Rea's, and meet them on the road. We all returned to Ca- 
naan, and there we divided, a part of those on foot and m 
carriages went up the road leading from Canaan to Canada, 
and those mounted went north in an old road or path which in- 
tersects with the said road leading from Hall's stream to said 
Rea's. It was at or near this place thai Blanchard was taken, 
as I am informed, but I was not of the party that took him. 1 
came up with this party that retook Blanchard before they had 
returned to Canaan corner; but on which side of Canada line 
it was that I joined them 1 neither know nor care. 

When we got back to Canaan corner, tbere were a great 
many people assembled from Colebrook, Stewartstown, Clarks- 
ville and Indian stream, and a great many more arrived there 
soon afterwards. Many of them were armed and equipped 
like the New-Hampshire militia. So far as I could judge, 
there was a general rejoicing that Blanchard had been retaken. 
1 heard some one say to William M. Smith, then a deputy 
sheriff of Coos county, that if he had been widi the party that 






67 



rescued Hl;indv.\r(l, he could have recuptured his former pns- 
eiier, Joliti H. Tyler, who had been arrested a short time be- 
fore by said Smith at Indian stream, and was rescued. Sniith 
said he sliould hke to get him, if he could without exposing 
himself, or something to that effect. I think he then offered 
a specific reward for him, bwt do not now recollect the amount. 
It was suggested that the officer who had suffered Blanch- 
ard to be rescued, and his whole party, John H. Tyler among 
the rest, had gone to Esq. Rea's, to condole with that func- 
tionary on the solemn occasion. 1 was then called to supper, 
and whilst 1 was at the tabh^, Joseph Wiswell of Clarksville, 
Esquire, came into the room, and said some individuals were 
going after John H. Tyler, and desired me to write an adver- 
tisement for said Snith, offering a reward. 1 told him I came 
away from home before dinner and was a meal behind hand, 
and could not then stop to write one, biat slated to him what I 
thought was necessary to s«t forth in the advertisement, and 
he said that would do ; he could write it. After supper I 
went out and shot at a mark with Gideon Tirrill, Esq. James 
M. Hilliard and others. I should think we were engaged in 
this amusement about an hour ; it was then so dark we could 
not well see, and for that reason, quit. While engaged in fir- 
ing at a mark I heard the report of guns in the direction of 
MrRea's,but I then thought they could not be so far off,as the 
distance is about a mile and a half. I supposed they were 
discharged to prevent those accidents that might happen in 
carrying them home loaded, as many of the guns had been 
discharged after retaking Blanchard, to avoid such an event. 
Some time after we had done shooting at the mark, I heard 
some one hallooing up the road towards Mr. Rea's. I went 
to the corner of Mr. Parmele's store and saw two or three wag- 
ons coming down the road very fast, filled with men. I sup- 
posed they had got John H. Tyler, as 1 heard them say " we 
have got him.'" I might have shouted " hurrah for Jackson," 
as Mr. Rea states in his deposition. I think I did, but I am 
confident I did not add, as he states in his deposition, " Here 
is old Rea — we have got the d— d old rascal," as I did not 
distinguish any person sufficiently to recognise them, till the 
wagon in which Mr, Rea wa? passed me. It was well nigh 



68 

Digbt fall at ihe timCj urul had it been never so light I could 
not distinguish him from others in the wagon at the distance 
they were off at the time above mentioned, as I am very near 
sighted. 

When I found thatlMr. Rea was captured instead of Tyler, 
I went towards the stables for my horse, and a number of per- 
sons followed after me, but who they were I cannot positively 
state, and said something must be done with Rea, and re- 
quested that I should make out some precept or advise to some 
course that would hold him to answer for his conduct in re- 
gard to the Indian stream difficulty. I told them all that I 
could not do anything of thekiudjallhough in my judgment,Mr~ 
Rea had acted more like a judicial monster than like one of 
his majesty's justices and conservators of the peace in all his 
doings so far as respected the arrest and examination of one 
Luther Parker, Esq. for an alleged offence mentioned in said 
deposition of said Rea, and also in respect to the arrest of 
said Rich'd l.Blanchard, and advised them to dress his wounds, 
wash him up, and send him home. I told them they had no 
right to take him any were, even in New-Hampshire, much 
less to seize him in Canada and transport him over the line. 
It was admitted by all the bystanders that the capture of Rea 
might be illegal, but they assigned as a reason for so doing,, 
that in attempting to take Tyler, Rea and his party resisted 
and pelted them with stones, and in self defence they took 
Rea as a kind of prisoner. I came away from MrParmele'si 
directly after, and did not see Mr. Rea that night. I did not 
liear any one say or intimate, nor did it enter my mind, that 
this party that went over the line and took Rea, were going 
or had gone to take him, but I did hear it said again and a- 
gain that they were going to take John H. Tyler, for whom a 
reward had been offered by said Smith as above mentioned. 

HIRAM A. FLETCHER. 

State of New Hampshire, Coos ss. August 3, 1836.-— 
Sworn to before me. 

JOHN P. HALE, Justice of the Peace. 



69 

Deposition of Jlrchditus Cumings, Jr. 

I, Arclielaus Cuaiings, jr. of Canaan, in llie county ot" \U- 
sex and slate of Vermont, depose and say, that some time in 
October last past, 1 went from the house of ray father, \vl)ere 
I reside in Canaan, to the store of Parmeily & Joy in said Ca- 
naan,* th:; distance of about 3-4lhs of a mile, haviuf^ understood 
that a party principally from New Hampshire liad bcMi into 
Canada and rescued one Richard I. Blanchaid who had been 
taken from Indian Stream by some Canadian people. After I 
arrived at said store I found that said Blanchard had been res- 
cued as I Iiad previously heard. After I had been at said store 
some time I heard a proposition made by some one to go over 
the Canada line and retake one John H. Tyler, who, it was 
said, had been arrested by one William Smith, a deputy sheriff 
of the county of Coos in the slate of New Hampshire, and 
who was said to have been advertised by said Smith. 

I offered no reward for the apprehension ot Alexander Rea, 
nor did I hear any other person offer any reward for the ap- 
prehension of said Rea, nor of ariv other person except said 
John H. Tyler, nor was the name of any other person men- 
tioned by any one as the object of pursuit in crossing the line 
into Canada, except said John H. Tyler. 1 saw Capt. James 
Moouey, one of the parly who started after Tyler, and he told 
me at the time that John H. Tyler was the person whom they 
were going after, and that some Esquire^ whose name I do not 
recollect, had advised them that they had a ri^ht so to do. 

I further depose and say that 1 have for about a year been 
acquainted with the reputation of Alexander James McKinnon 
of this town, and he is generally called a man whose word is 
not at all to be relied on. His reputation for truth is not good. 

After the party started from the store of said Parmeily and 
Joy for Canada, I saw said Capt. James Mooney hand some 
one a paper, which I understood at the time was said Smith's 
advertisement for said John H. Tyler. 

ARCH. CUMINGS,^Jr. 

State of New-Hamphire, Coos ss. August 4, 1S3G. 
Sworn to before me, 

JOHN P. HALE, Justice of the Peace. 



Deposition of Joseph Wiswcll. 
I Joseph VViswell, of Clarksville, in the county of Coos and 
state of New-Hampbhire, depose and say, that I have been a 



70 

jnsiice oflhe peace for this county alout .six y<nus, an;! Iiavo liv- 
ed ill (his town twenty years, and hive been well aequainted 
wilh Indi ui stream and its iiihabitant.s for most of the lime, and 
never knew or heard of any other o;overMment than the state of 
New-Hampshire exeicising or claiming to exercise any juris- 
diction there till the interference of one Alexander Rea in June 
1S34, who tlien claimed that the territory belonc^ed to the Prov- 
ince of Lower Canada. Some lime in the month of October 
last, Clark J. Haines, of Indian stream, came to my house in 
Clarksville, and informed me that a mob had been over from 
Canada, and had taken one Richard I. Blanchard, one of our 
citizens, and wer^ then carrying him to Canada, and he wished 
the neighborhood to turn out and rescue him. Soon after, the 
same report and request was made by Luther Parker. I ac- 
cordingly started for Indian stream, with the intention of res- 
cuing said Blanchard, and just as I arrived at the house of £b- 
enezer Fletcher, in Indian stream, I overtook Miles Hurlburt, 
John Hairiman, and several others. We left said Fletcher's 
together, and just as we arrived at the house of John Parker, 
situate on the easterly side of HalPs stream, we concluded that 
the party who h^d Blanchard in possession would pass Hall's 
stream before we could overtake them, and as we did not wish 
to go into Canada armed, it was concluded to send back the 
arms. Accordingly I took the arms to carry back, accompani- 
ed by two or three others, and on our way back, I saw Eraor 
Applebee, who, I understood, was one ot those who had been 
concerned in the abduction of said Blanchard, and he was re- 
quested to surrender himself which he refused to do, and, be- 
ing armed with a musket, he stated that he should not be taken 
alive, we had better not come any nearer. We, that is to say, 
those that started from John Parker's with the arms, proceeded 
to Canaan corner, Vermont, and when we arrived there, found 
that the party who had gone in pursuit of those who had Blan- 
chard had returned to Canaan, having rescued said Blanchard 
and brought hira back with them. I was there when the par- 
ty started after Tyler, from the store of Parmeie & Joy, and I 
did not hear Rea's name mentioned at all in connexion with 
their expedition to Canada. After this party had gone to Can- 
ada after said Tyler, I went up to the house of Judge Cummins, 
in said Canaan, situated between the house of said Alexander 
Rea, in Hereford, and the store of Parmeie & Joy, and a few 
minutes afterwards my son, Joseph P. Wiswell, came up there 
liso, where we remained and took supper, and were there when 



the pfiity having said Rt\» in custody returned lo Tainan, Vtr- 
inont, so that I am t'nubleil to state positively thai iieilh^M u.v 
said son, Joseph P. Wiswell, nor myself, had any part in the 
taking of said Rea, or conveying him to Canaan, Vermont. 
The inhabitants of Indian stieam, whenever lliey have destroy- 
ed any wild animals, lor \vhi( h a bounty is given by the laws 
of the state ol New-llampslure. have, so far as my kiiowled^e 
extends, uniformly applied for said bounty here, and obtairu-il 
it. I hive frequently joined the inhabitants in marriago, and 
never knew them to resort to Canada for the purj)ose of being 
married, or any one deriving his a«»thority from the church or 
civil authority of Canada, to sol'^nniize marriages amonu^ them. 

JOSEPH WISWKIJ.. 

State of Ne.v-Hampsiiire, Coos ss. August 9, 183r». 

Sworn to before me, 

JOHN P. HALE, Justice of the Peace. 

Deposition of Kphraim IT. Mahifriii. 
I, Ephraint H. Mahui in, of Columbia, in the county of Coos, 
in lh« state of New-Hampshire, depose and say, that about the 
22d of October last, being at Colebrook, an express arrived 
from the Indian stream settlement, so called, giving informa- 
tion that a party from Hereford, L. C. had taken INlr. Rlanch- 
ard, a deputy sheriff of this county, and were conveying him 
to Slierbrook. I started with several others, and went for the 
purpose of retaking him, and on Hereford hill, so called, we 
met some twelve or more persons leading said Blanchard to- 
wards Mr. Rea's house, in Hereford, and, on meeting them, 
one of our company I think, commai.ded them to stop, and us- 
ed som€ decisive language, which was promptly disapproved 
by Mr. Hilliard and myself, and we informed the party who 
had Blanchard in custody, that we wished to have no difficul- 
ty with them, that it evidently arose from the circumstance 
that the boundary line was not fully settled between the two 
governments, and that as the state ol New-Hampshire had for 
a long time claimed and exercised jurisdiction over that tract, 
and the claims of actual jurisdiction by the Province beirrg very 
recent, and, as we believed, originating with the aforesaid Rea, 
we felt It to be our duty to retake Blanchard, and to protect 
the officers of said settlement from arrest by officers from the 
Province, and that we should take him at all hazards, but 
wished to do it without any trouble or hard words with them. 
I then dismounted, and told Blanchard to get on my horse, and 
he at first appearing to hesitate, I repeated the direction, when 
he stepped tow ardi the horse, with a man hold ol each arm. 



t^ 



.< 



72 

but wlipn he »ot to the horse, they let go, and he moinited and 
rode to Caiman, Vt. Considerable abusive language was used 
towards us by two persons of the party, MrBlooJ and Beecher, 
but we told them they might say what they thought tit, as wc 
should not be led into a quarrel with them, but should let 
King William and Gen. Jackson decide the matter, and we then 
left them, and after a stop of about fifteen minutes at Parme- 
3e's store, I went directly home to Columbia, a distance of 
twenty miles from Hereford; and I never heard of the affair at 
JMr. Rea's until a day or two after, 

I acted under no order* from any one, in the part I acted, 
and no one that I know of, claimed any authority over another. 

t have known of no " occasional acts of jurisdiction" exer- 
cised by the Provincial government until the arrest of Luther 
Parker, and from the best information I have, these " acts" 
owe their origin and support to a few outlaws at Indian stream, 
encoarnged by said Ilea. 

I have always understood that said tract was claimed by 
this state, by a survey made by Jeremiah Eames jr. esq. more 
than forty years since, and more than thirty years ago process 
from the courts of this state v/as served on Richard Smart, who 
ref;ided on said tract, aufl his property attached. 

EPHRAIM H. MAHURIN. 

Coos ss. August 9th, 1S36. Personally appearing Eph- 
raim PI. Mahurin, and made solemn oath that the foregoing de- 
positmn bv him subscribed is true. Before me, 

IRA YOUNG, Justice of the Peace. 



Deposition of Benjamin Apiilehee. 

I, Benjamin Applebee, of Indian Stream, in the county of 
Coos and state of New Hampshire, depose and say, that I 
have lived at this place seventeen years. I am a son of Emor 
Applebee, now i»i jail at Lancaster, and was arrested last win- 
ter by Col. John H. VVhit^:*, and was carried to Lancaster and 
detained at Lancaster six months and three days for resisting a 
deputy sheriff of Coos county in the service of process. I 
further depose and say I never should have thought of resist- 
ing the officers of New Hampshire, had I not been advised so 
to da, and assured I should be protected in so doing by the 
government of Canada, by Alexander Rea of Hereford, Lower 
€aiiada. BENJAMIN APPLEBEE. 

State of New-Hampshire, Coos, ss. August 11, 183G. 
Sworn to before me. 

JOHN P. HALE, Justice of the Peace. 



H I 6 Q o ' *^ 




O It o 














'^0^ 









-oK 




•^tf" 



»-l°^ 








i'!^ t ° » ° , '<!'. 



%. '"' <* .. -u """ ^■ 




V ■%. o 






'*- C° ' 



7> <(.'• yC* 








^"-^t. 




9^.c^. 




0^ 









0^ v-'J^,^'^' 







O j> o ° " ° » ■^ 



